JB/072/132/003

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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

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Identifier: | JB/072/132/003 "JB/" can not be assigned to a declared number type with value 72.
Date_1		Marginal Summary Numbering	not numbered
Box	072	Main Headings	penal code
Folio number	132	Info in main headings field	personal injuries
Image	003	Titles	exemptive circumstances - consent
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	e17 / e18 / / e20
Penner	jeremy bentham	Watermarks	[[watermarks::[gr with crown motif] pro patria [with motif]]]
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	23749
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