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Inserenda. 7) Personal Injuries.
Errors Strictures Mayhem. From the opposite page. One would also suppose that in Lord Coke's time
men used to destroy life with those members with which
at present they are in use to give it. The cutting of
a man's parts of generation he numbers expressly among
mayhems.
Errors Strictures — Mayhem. The title of Mayhem is remarkable for a whimsical
anomaly it has given occasion to in the practise
of the Law. In every other case the verdict
of a Jury is sacred and unalterable: at least if
it can be alter'd on the side of severity mercy, it can not
by any means on that of severity. In this singular
instance after the Jury have settled the sum they
think it proper the Defe delinquent should pay under
the name of damages, the Judges have taken upon
them to increase it. A new piece of information is
the pretence for exercising this licence: they do it upon
the sight of the body, super visim corporis: as
if Judges had better eyes than Jurymen; or as if
there were a difficulty in producing any thing in
the nature of this injury that should make it an less
difficult easier matter to produce the person of him who has been the object of it in this case than if it
others is in others. cases.
It were a matter of curiosity at least to trace if possible the
origin of such are this institution, by to at first appearance so capricious.
Two pretty well known rules of Law when may
compared together perhaps [be sufficient enable us to account]
be of some assistance, at least, in accounting for it. One is, that vague impracticable and pernicious
maxim (I mean is the generality in which
it is adopted, no man ought to be received as a witness in
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jeremy bentham |
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