xml:lang="en" lang="en" dir="ltr">

Transcribe Bentham: A Collaborative Initiative

From Transcribe Bentham: Transcription Desk

Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts


Jump to: navigation, search

Click Here To Edit

---page break---

Inserenda. Personal Injuries.

Errors. Strictures. Consent no justification. -ever sense there may be in it holds equally good, for
the punishing a Surgeon for opening an absess or
cutting off a limb. It could only be the utility of
adhering to former decisions, an utility which supersedes
every other, that determined a late respectable
Judge to deliver the same opinion. In the case of
Boulter against Clark by way of defence against an action of Assault proof was offerd that the
fighting was by consent. This proof Ld Ch. Bor.
Parker would not suffer to be given proved, since
if proved, it would not according to the above doctrine
amount serve as a justification. The case then was this. Thus then stands the case.
A man Two men agree to fight box, for money
or what is happens not unfrequently among the sturdy populace
for reputation. Now what is the substance purport of
this agreement? It is neither more nor less than
not to have recourse to the Law. One of them is
base enough to violate this agreement, and to claim
of the Law a satisfaction for that which according
to his own judgment was no wrong. mischief to him. Dispensing with the Laws of Morality. This baseness the
Law countenances joins in, makes itself an accomplice in for the
perfidy and gives the betrayer his reward. We see here
one of those instances unhappily but too numerous
in which by the blindness or pedantry of ..... Lawyers the Political sanction is set at variance in opposition to with
the moral, and [the Law employs itself to corrupt where yet in Law itself that turns
the mora manners of the people. corrupter of the public morals.]

Exempt. circumstances. Consent. Whichever disposition of the Law may be most eligible
on the general question whether consent shall operate
as an exemptive circumstance, there is somthing peculiarly
mischievous inexpedient in the mode of punishment
established by the above decisions. The punishment
is a pecuniary one, a penalty: and the mode of prosecution

---page break---

Identifier: | JB/072/132/003
"JB/" can not be assigned to a declared number type with value 72.


Marginal Summary Numbering

not numbered



Main Headings

penal code

Folio number


Info in main headings field

personal injuries




exemptive circumstances - consent


text sheet

Number of Pages




Page Numbering

e17 / e18 / / e20


jeremy bentham


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


jeremy bentham

Paper Producer


Paper Produced in Year

Notes public

ID Number


Box Contents

UCL Home » Transcribe Bentham » Transcription Desk