JB/067/199/001

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1826. May 19.
Penal Code
4
Ch. Offences by Person
§. Justifications —
Self preservation. 10
As to self preservation
at large. The
aggressor produces
evil to another with
no other view than
the endeavour to
save himself from
it. Here are grounds
for exemption from
punishment but
not from giving
compensation

Now suppose Thus far as to self-defence. Now as to self preservation
at large. In the evil from which, the person
in question is seeking to preserve himself, suppose that
the human agent has any participation. The supposed
aggressor, by the supposition in his endeavours
to avoid the evil, produces that or another evil,
on the part of another person, intending, it is
true, to produce it on the part of that other person
but on no other account nor with any other view,
than the endeavour to preserve himself from it.
Here the two above mentioned grounds of exemption
from punishment seem to have adequate application —
to wit — evil of the second order, none, and punishment
useless. Here then, so far as regards punishment,
no ground for it, has place; but, in this
case, while one of the two is wholly preserved
from the evil by the the evil, by the supposition has fallen
with undivided force upon the other. Here then,
seems to be a case for compensation. In return for
the benefit, which the person preserved has taken
to himself, at the expense of the person to whom
the evil has been transferred, let something be
given in the name and for the purpose of
compensation. The amount may not be so
great as it would have been, had no such course
for compensation had place, in which case the
act would afford the character of a spontaneous and
altogether unjustifiable and inexcusable injury, as to the quantity of compensation —
have to be modified according to the circumstances of the parties, in this as in all
cases.

Identifier: | JB/067/199/001 "JB/" can not be assigned to a declared number type with value 67.
Date_1	1826-05-19	Marginal Summary Numbering	10
Box	067	Main Headings	penal code
Folio number	199	Info in main headings field	penal code
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	a4
Penner	john neal	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	22032
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