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40) Personal Injuries. Inserenda.

Nuisances. were to him to be obliged for the first time to put up
with it, than it would have been to continue to put
up with it, as he had done before.

On this account it is that when the nuisance consists in
the examining an unwholesome or unpleasant trade
it becomes a question of importance what whose was the more
antient situation: that of the author's property by which that property by which it became
noxious to the sufferer: or that of the sufferer by which
in became exposed to the nuisance. If the sufferer
In point of natural Law There are few trades if any which are prohibited
to be continued in places where they have been used.
So much is are the merits of the contest understood to depend on this
circumstance of priority that the 1st question that is made
is which came first, [whether] the nuisance to the
sufferer, or the sufferer to the Nuisance. It is
in the former case only that men go on to the further
question whether the [inconvenience of the] nuisance is or is not in itself such a nuisance an inconvenience
as ought to be put up with tolerated. the sufferer ought to
that the author ought to be obliged to put an end to,
and punished for having occasioned. When it is, then
and then only in the a legal way of speaking it
is said to be a nuisance. Where it is not, in this case the cause
of inconvenience or what ever other name is given to
it is said to be no nuisance. The import of the word nuisance
in it's original was purely physical: it comes from the french nuire, to hurt, or to harm. it meant that
thing by which hurt was harm is done to any person. In
the hands of Lawyers by the application of the idea of Law, it has been narrow'd in its signification.
With them it is made to signify not the a
cause of harm in general, but a cause of such harm as is

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Identifier: | JB/072/135/004
"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

Number of Pages




Page Numbering

e37 / e38 / e39 / e40


jeremy bentham


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


jeremy bentham

Paper Producer


Paper Produced in Year

Notes public

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