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C Of Simple Personal Injuries
to act upon him with effect according to Rule
1. See Ch. [Of th Proportion &c]
Question XIIII
Why the circumstances of the time of night
and that of lying in wait or house-breaking need be coupled
with premeditation in order to constitute a
ground of aggravation?
Reasons
1. [Because] when an injury of this sort being premeditated comes upon
a man on the sudden, the circumstance of
its being made in the night-time adds to the
terror it occasions: and by that means to the intensity of the suffering. Thus much for the primary
mischief: and the secondary gains of course rises in
proportion. 2.
2. So also, when accompanied by the breaking
of any of those such barriers as a man is wont
to trust to for his defence, the mischief suffering
is increased in point of intensity in proportion
to the terror. So much for the primary
mischief: and the secondary is thus far in proportion
to it.] 3. But the value of the secondary mischief receives
a farther increase on the score of
probability, so long as your enemy waits for
your coming abroad, so long by staying at home
you may be secure. But if neither doors nor walls
Identifier: | JB/071/024/002 "JB/" can not be assigned to a declared number type with value 71.
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penal code |
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024 |
of simple personal injuries reasons |
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jeremy bentham |
[[watermarks::s. lay [britannia with shield motif]]] |
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alexander mavrokordatos |
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