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18) Personal Injuries. Inserenda

Exempt. circumstances. Consent of being beaten by the aggressor in question, since the
motive which he had for beating his adversary the person with whom he had an enmity, subsisted
not with regard to them. But subsiste suppose
it to have subsisted ever so, still so long as
there is this circumstance of consent in the case,
they have nothing to fear. By the supposition it is
only in case of consent that the author of that supposed injury
is disposed to beat any body. Now to give consent
or not is manifestly (for I speak not of a forced consent
which for such a purpose is none) is in the party's
own power. It is his own act, the expression of his
own [will] volition. Now that which cannot happen
without he wills it should, a man, can scarcely
have any fears about. The a question is a question of
experience, which any man may answer. I see two strange men boxing who
are both strangers to me: Can this raise in me any apprehension
on my own account?

Errors. Strictures. Consent no justification. I have already observed, that consent, viz: the consent
of the person who has been the object of the injury is
a circumstance that ought, for reasons that I have given,
to be received into the catalogue of exemptive circumstances.
The disposition however of the Law
in this behalf is [not by any means] far from being conformable to
this notion. Consent is looked upon as nothing. Bullers No. 16
The case is, that whether there has been consent or no consent, The physical appearance of the transaction which
is still the same: and this is all which the Judges who have established this the
Law in this behalf doctrine seem to have attended to. is still the
same. In the case of Matthew and Ollerton Comb. 16 it
was held without scruple or exception that if a Man license another to beat him
such license is void. The reason given is, that this
is against the Peace. Against the Peace? against
whose peace? against the peace of the man who
chose to be beat or against the peace of this strangers
who have noth nothing to do with no concern in the affair? The same reason what

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Identifier: | JB/072/132/002
"JB/" can not be assigned to a declared number type with value 72.


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not numbered



Main Headings

penal code

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Info in main headings field

personal injuries




exemptive circumstances - consent


text sheet

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e17 / e18 / / e20


jeremy bentham


[[watermarks::[gr with crown motif] pro patria [with motif]]]


jeremy bentham

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