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8) Offences respecting the persons of Individuals
are made subject to it, is the only one of the few powers that are
never given to any person for any other purpose
than that of punishment. The reason is that it
can be of use to nobody but as a means of punishment.
The whole Power over things is in the whole circuit
of it of obvious and intrinsic use to him the
possessor. who has it. It is a the most ordinary means and indeed, almost honours excepted, the only means
which the Law, by itself can give a man of [procuring
pleasure. Power] making an addition to his happiness.
Pow Of Among Powers over persons, Power to inflict disablement,
or personal restraint may be is of use
to a man for the purpose of [self-preservation]
self defence. But the power of producing organical
pain simply, without either disablement or personal
restraint can be of no such use. It can
therefore be of use only for for no other purpose than
that of Punishment.
The difference between an act of Punishment and
an act of Self-defence in this (both being enacted
exercised upon the person of of him who is the object]
is this. An act of self-defence is an act done in
the intent of putting a stop to a mischief [still] subsisting:
NOTE.
It may, it is true, produce a certain degree of pleasure in the case where
the person who possesses it happens to be angry with
the person in whom it is exercised: a pleasure to wit, of
the irascible appetite. But then this pleasure is
from the very nature of it necessarily attended
with a pain more than equivalent to it: so that of the interests of the community upon the whole be attended to.
it could never be given as a source of pleasure.
Identifier: | JB/072/117/004 "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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004 |
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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