JB/072/133/004

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32) Inserenda. Personal Injuries.

Phraseology. Exemptions or Exemptive circumstances taking the act out of the case in which
it is punishable.

DisIncriminating circumstances

Disexemptions or disexemptive circumstances reducing exposed
bringing back the act to into the case in
which it is punishable.

From Disabl.ty tempor.y 17. Mischiefs of such a defence less than those of attack as between the aggressor and defender. In the few cases however where such a defence
could answer the purpose it is easy enough to
see that were the interests of the parties only consider'd the mischief it has a tendency to produce
is not so great as would be that mischief
of the attack if permitted to take it's course. The
reasons it will not be necessary here to repeat. They
are altogether of a piece with those which apply
to the case of an attack against person or against
property.

— but greater when the public is consider'd On the other hand when the interest of the public
come to be consider'd the case seems to wear another
aspect. The pain of apprehension which
persons in general might feel at the thoughts of
their being exposed to attacks upon their reputation,
so far as the prohibition of this mode of defence
would be of a nature to expose them, could
this apprehension I say, considering the very Law
cases in which the taking off the prohibition could
be of any service to them, would hardly be considerable.
As the Law stands, indeed in this
country, we may appeal to experience, and say
that such apprehension is not considerable. ][

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Identifier: | JB/072/133/004 "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	133	Info in main headings field	personal injuries simple
Image	004	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	e29 / e30 / e31 / e32
Penner	jeremy bentham	Watermarks	[[watermarks::l v g [pro patria [with motif]]]
Marginals	jeremy bentham	Paper Producer	caroline vernon
Corrections		Paper Produced in Year
Notes public		ID Number	23750
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