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6) Offences respecting the Persons of Individuals.
Exemptive Circumstances We now come to consider what the exemptive circumstances
or causes of justification [that may belong
to this genus of offence.] by which the genus of offence
under consideration may be attended.
To consider it in this view we must suppose it
invested with it's ordinary character. + + See B. Ch. this character In conformity
requires it to have to this character it must
have originated from a correspondent intent, and
that exactly commensurate to the effect. The
effect is precisely this: the production of bodily pain and nothing
more: no disablement, no personal restraint,
nor any other species of personal corporeal injury. The intent
accordingly must have been to produce such bodily
pain; unaccompanied by any intent of producing
disablement or restraint or any other personal
injury. By This circumstance very much the ground to
be consider'd in the view of justification is brought to a narrow compass. Acts of
disablement, acts of personal restraints may be attended with various
justifications. These justifications might apply to an act of the of
justifications which do not apply here. offence we are now considering: viz: acts producing organical pain; if the pain were the consequence of an intention produced to produce either of these effects. But as by the supposition there is no such intention in the case before us. Those justifications therefore [do not here apply.] have no application here. N.B. But pain For instant if a blow have the effect of mental restraint
True it is that an intention to produce pain of some sort with it's correspondent acts is often
accompanied by an intention of the other two sorts to produce disablement
or personal restraint: mentioned that have been made; it is however oftentimes found
separate: and one that therefore for the purpose of all those
cases in which it is found separate demands a separate
consideration.
To stand exempted one's self from the punishment
denounced against such as inflict organical pain
on others, is pro tant to stand thus exampled, is to
the extent of one's own natural force, to possess
pro tanto the power of punishment. It is pro tanto
to possess the only sort of power that in strictness
can be stiled Coercive Power over Persons. Were this exemption
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Identifier: | JB/072/117/002 "JB/" can not be assigned to a declared number type with value 72.
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072 |
penal code |
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117 |
simple personal injuries / offences respecting the persons of individuals |
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002 |
public mischief / exemptive circumstances / note |
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text sheet |
4 |
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recto |
e5 / e6 / e7 / e8 |
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jeremy bentham |
[[watermarks::[gr with crown motif] pro patria [with motif]]] |
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23734 |
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