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C
Of Justification - Reasons
But if the consent was not free, the case is apposite.
Your inducement for embracing the immediate
cost is an in this case not the expectation of a
greater good, but of a greater evil: and that an
cost which by the supposition he has no right
to bring upon you: in as much as it is so much from evil, or at least stands unconsummated by any equivalent good. As he could be therefore
be punishable for bringing inflicting on you that threatend
cost by the apprehension of which he extorted
your consent, so is he punishable in proportion
for inflicting on you that evil which in order
to avoid a greater you consented to submit to.
Why consent must be fairly obtained to
serve as a ground of justification?
Reasons
1. Because in this case also the reason for
admitting of it fails. The Your inducement to consent
is was the prospect of some advantage to the party which was
to accrue to you. If that advantage accrues to
you accordingly you are a gainer upon the
whole, and he has done to you no wrong is done to you no wrong. But
if it was only a false prospect of advantage that
was held up to you, you are not a gainer upon
the whole but a loser; a wrong is not done you
for which it is as far in this case as in any other that
Identifier: | JB/071/005/002 "JB/" can not be assigned to a declared number type with value 71.
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071 |
penal code |
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005 |
of justifications - reasons |
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002 |
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text sheet |
4 |
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recto |
f1 / f2 / f3 / f4 |
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jeremy bentham |
[[watermarks::s. lay [britannia with shield emblem]]] |
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alexander mavrokordatos |
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23408 |
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