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1) Personal Injuries. Simple. Exemptive Circumstances.

Power over Persons [There is but one circumstance] We now come to treat inquire of among the circumstances in which an act of the nature of that in question is performed, whether there be any and what that can operate in
as an exemptive the way of exemption so as to take the
[act act mode of conduct in question] out of the number
of those that are justly treated as obnoxious. This is its being are circumstances
which render it an act of legal Punishment. the object of a command from some person invested or appearing to be invested or the agents' having reason to this believe it to be the object with
legal Judicial or Domestic authority either to act himself to that effect or to issue such a command to that effect.

Note That Such a command ought to operate in the way as on exemption
is what every man perhaps will be ready enough
to allow. This is it's being inflicted by or by the command of a person has of one any of these sorts [of persons] who have power over persons, acting in pursuance of such his power. It will be proper however for the sake
of regularity if on no other account to display point out the
reasons [why there are for it's being it ought to be permitted so to operate
upon grounded upon the principle of utility.

It is not It is obvious enough that such a circumstance diminishes not in
any respect that simple kind of pain which it is
the nature of such a conduct to produce in this
individual who is he object of the injury. It is the being exempt from the punishment appointed for acts of this and other personal Injuries that constitutes in the persons so exempted the several powers over persons. His pain is in
both cases, in that where Whether the circumstance in question
exists or or does not and in that in which it does not exist
the same. is to him a matter of indifference. His pain is in both cases the same. The benefit that the act is of, when exercised under the circumstance here spoken of when
it is of any, it belongs to is produced by it's serving to avert
some greater [pain] mischief. This That it does is of a nature so to do is what must
be taken for granted: viz: that When an act of the
nature in question are commanded by a person
having legal authority to command them to be performed,
they are acts of punishment: The punishment appointed in every case by the Law must be presumed to be such cases competent and as competent to the offence If so the mischief of it is less than the mischief of the offence. The kind of punishment
being prosecution they are it is designed to operate
towards the prevention of a some mode of conduct
that is mischievous in it's nature; and the probable
mischief of it the act of be prevented is to be reported more than equivalent to
that of the act commanded.

Identifier: | JB/072/158/001
"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, simple - exemptive circumstances




power over persons


text sheet

Number of Pages




Page Numbering

e1 / e2 / e3 / e4


jeremy bentham


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


jeremy bentham

Paper Producer


Paper Produced in Year

Notes public

ID Number


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