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56) Pers:l Inj:s Inserenda.
Nusances are unavoidable. All men are as they are help-mates, so are occasionally at least are they nusances to
all men. Every man, in some shape or other, and in some degree or other, is apt to stand in the way of every man. In a town every man by lighting a fire,
by even breathing and keeping animals that breathe
contributes to render the air unwholesome to every
other man. A man can not walk in the street
but he runs a risque of jostling and incommoding
another man. somebody. A man can not go to a public
spectacle but he runs the same sort of risk in a much
greater degree. He can not mount a Horse but
he runs a risque of being run away with and [thrown
with violence against another man.] doing some bodily hurt to
people on the road.
Obstructing Prospects. Obstructing a mans prospect is if any thing is
a personal nusance. Qu. whether it ought in any
case to be treated as a nusance. It should seem
not: because it the mischief of such obstruction can scarcely in any case be equivalent
to the benefit derived from the instrument of
nusance. That mischief may is indeed be permanent;
and on that account considerable: but it is not
more permanent than the instrument of nuisance;
nor probably therefore than the benefit derived from
the instrument of nusance.
Exempt — circumstances No act consented to can be a personal Injury. When I speak of an act affecting a man's person as being
an offence or fit to be made an offence, I it is only upon supposition
[that act to be such an one as is calculated to produce pain] the act it to affect
him in such a way as to produce pain. [ Now
to sum determine whether an act is of a nature to produce
pain or no there is no one possible person so well
qualified as the person himself by whom the contact
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Identifier: | JB/072/139/004 "JB/" can not be assigned to a declared number type with value 72.
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not numbered |
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072 |
penal code |
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139 |
persl injuries |
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004 |
nuisances |
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text sheet |
4 |
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recto |
e53 / e54 / e55 / e56 |
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jeremy bentham |
[[watermarks::[gr with crown motif] pro patria [with motif]]] |
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23756 |
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