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23 Mar. 1805
Evidence
Even Let even Be the degree of ability power of resistance on the part of the defendent
be ever so sufficient, if through timidity or indolence the resolution determination
be wanting, and that determination be known, the victory the jus nocendi to the
oppressor in the character of plaintiff is equally still alike secure.
In the character station of defendant, exactly the same oppression, exactly
the same effect, may with equal certainty be produced by almost
exactly the same means. Assured that the destined victim is in Secure against resistance on the part of the
destined victim, a man the oppressor in this case has but to inflict with his
own hand the meditated injury, instead of employing, in the character of plaintiff as he
would have to do, the hand of law.
To this plan of intentional injury grounded in the thus derived eventual assurance
of effectual impregnable defence, the actual assumption of the character of
defendant is not by any means necessary. The success of the plan is as alike in the main equally
The assumption of this character depends in the first instance it is evident not upon a
man's self own act but upon the act of another man in the character
of plaintiff. When Titius has commenced the suit, then and not till
then it sits with the option devolves on Sempronius whether or no to defend it. The
success of the plan is alike decided, whether the victim, despairing impressed
from the first with the fruitlessness or ineligibility of resistance, abstains
from ever he assuming the character of plaintiff, or whether, actuated
by the same like considerations, after having he abandons i sooner
or later after having taken it up.
Identifier: | JB/058/298/001 "JB/" can not be assigned to a declared number type with value 58.
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jeremy bentham |
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