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Inserenda 37) Personal Injuries.

Nuisances. which by his action he is about to produce. In consequence
of such a search it is possible he may meet
with the event in question; having met with it, he
has got it to his conception: he may then make it in one way, or the other, that
of happening or not happening [production or non-production
the object of his will.

On this supposition alone can it be of any use to
apply punishment in the case of decided negligence
Nuisances are apt to happen praeter-intentionally
praeter beside, over and above the act intended.

Homicide — Strictures in the Law. Lawyers [as if] secured shelter'd from censure by a mist of
their own raising [the phraseology of a crabbed and mysterious
science] have gone to work in making murders, in their murder-making zeal in
defiance of the common sense and common humanity of

In their zeal not to punish, how prevent but to punish
homicide [I do not for as they are for punishing considering the number of instances
in which they are for punishing where punishment can
contribute nothing to prevention I do not say to prevent]
they have multiplied homicides beyond measure: as if
Such has been in this way their subtlety and their zeal, that to consider takes only the wickedness of the man's heart of man. into consideration
and not the frailty of his understanding, one
would think they the case was they could not bear the
thoughts that others should indulge themselves in indulging others in this amusement for the pleasure they
found in practising it themselves. I scarce know a
..... more at once so shocking to common sense and to common humanity as the title
Homicide in any of our books of Law.

Nusances actual )( present or contingent. Nusances may be distinguished into 1st actual or present,
& 2dly contingent nusances. Nusances I call actual or present,
when the obnoxious event follows immediately & certainly upon the obnoxious
act or habit. I call them contingent, where the obnoxious
event follows only occasionally and by accident upon the obnoxious act or
habit. See 46.

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Identifier: | JB/072/135/001
"JB/" can not be assigned to a declared number type with value 72.


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not numbered



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penal code

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personal injuries





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e37 / e38 / e39 / e40


jeremy bentham


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


jeremy bentham

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