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15) Simple Personal Injuries.
Circumstances of Extenuation. I now come to state what appear consider
Having done with those circumstances that appear
to be of a nature to take away alltogether the
mischievousness quality of an act of the description in
question, I now come to consider such as are of
a nature tho' not to take it away yet to lessen diminish
it. These appear to be as follows
1st. Erroneous belief of the existence of some any circumstances
of the number of those which if they did exist would constitute
an exemption.
2dly Provocation.
3. Want Absence of intention &c, to produce the obnoxious effect.
All these circumstances tend it is plain to diminish
if not wholly to remove the apprehension which it is the nature of an offence of the
description in question to raise in the minds
of those that are who happen to be apprised of it. Moreover The first and
last supposing the existence of them certain, take
away altogether the possible efficacy of punishment. The
reason why it seems not proper to take away
all power of punishment in such cases is the extreme difficulty
of coming to a certain conclusion concerning
the fact of their existence of such circumstances.
In both cases ignorance is the source of the offence.
This ignorance may or may not have been invincible.
If it were certain that it was invincible: punishment
could do not good possibly be of any use
But least it should not have been invincible, the
apprehension of punishment is necessary to stimulate
men to use their endeavours to overcome it. The
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Identifier: | JB/072/120/003 "JB/" can not be assigned to a declared number type with value 72.
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072 |
penal code |
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120 |
simple personal injuries / offences respecting the persons of individuals |
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003 |
exemption / medical practice / exemption - / consent / circumstances of extenuation / grounds of extenuation |
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text sheet |
4 |
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recto |
e13 / e14 / e15 / e16 |
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jeremy bentham |
[[watermarks::[gr with crown motif] pro patria [with motif]]] |
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23737 |
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