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23. March. 1826.
Penal Code
Ch III. Person & Reputation
§. 1 Corporal vexation simple
3
Objection that the
vexation is in this
case a of the
public opinion or of
the constituted authority
of the state
A Consideration which on this occasion,
may occur is, that, in this case, the vexation,
to which the patient is subjected, is the act, or,
as it may be said, the sentence of the publick
opinion tribunal; an authority, which in the
constitutional code connected with this present
penal code, is recognized as one of the instituted
authorities of this state.
4
Answer this one
of the occasional
aberrations of the Public
opinion tribunal
The answer is that, although in the ,
the virtual decrees pronounced by this tribunal are
in consonance with, and in due subjection subordination to
the publick opinion tribunal. But, on
the part of that tribunal, abberations from that
see challenging &
introo. to Ch. VI.
principle still have place and this is one of them.
It has its origin in the anarchical state of political society
in its earliest stages. When in the general
estimation of mankind, the judicial power being is
yet so unsteadily established, force had the pre-
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