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Inserenda. 39) Pers:l Inj:s

Nuisances. -ment is adapted to the production of the injury, and
the habit of keeping the instrument in the such a situation. condition
Thus we say,

In nuisances as has been already observed, the obnoxious
event is not intentional. It is not therefore the
motive to the noxious act or habit. That act or habit
therefore must have some other a different motive. In all cases where the time injurious obnoxious event act is no otherwise a benefit pleasure to the author of the injury than in as far as it is or appears to be a pain to the sufferer it is clear that the interest of the latter is to be preferred to the former. Since the pleasure a man can feel at the thoughts of the suffering of another is never so great as [the pain of that suffering] that pain is to the party suffering. But where the act event is in its own nature of a pleasurable kind there a difficulty arises This
motive not being the pain of the party injured
[an event that is good by accident)] is some [good] pleasure or some benefit
to the author of the nuisance. A question then that
is belongs to this case is which is to be preferred, the
interest of the sufferer, or the interest of the author
of the nuisance.

[To determine this question we must have
nothing to do but] This question is only no otherwise to be solved
than by giving an answer to that general question
Iin which disposition of the Law will produce the
greatest happiness good upon the whole. If then the
profit benefit mischief of the nuisance to the author sufferer is no greater
than the benefit to the Author there is no reason why the nuisance ought
should be forbidden. If it be greater there is. a reason why
The proportion between this benefit and this inconvenience
will be greatly influenced by expectation.
If the author of the nuisance has been accustomed
to receive the benefit of it. [and the sufferer not accustomed
to put up with the inconvenience] it will be
worse to him to lose it, than it would be simply
not to acquire it. On the other hand if the sufferer
has not been accustomed to put up with it, it will be worse

Identifier: | JB/072/135/003
"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





text sheet

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Page Numbering

e37 / e38 / e39 / e40


jeremy bentham


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


jeremy bentham

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