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(3 Person. Injuries. Disablement temporary.

there the power of exerting those faculties has been
suspended. Thus a man may be disabled from beating
another either by being held fast, or by having been knockd
down:+ +in such manner that he is can't unable to get up again The disablement in this case is in the body.

—By moral or mental coercion. Disablement may be said to be effected by [moral or
mental] coercion of the mental or moral kind, when
the physical faculty remaining uneffected, the will of propensity
to exert it [the desire of exerting it has been
kept down surmounted by the force of organical pain inflicted
on the party. Thus a man may have been
disabled in a certain sense from beating another by having received such
a blow as though it has not impaired this the physical
strength power he had of continuing his attack has by the terror it has struck in him, taken
away from him the will. The disablement in this case is not in
the body, but in the mind.

Preliminary Caution with respect ot the pain of Disablemt Let us now go on and endeavour to serve up collect and ascertain the several
cases in which a mischief greater than that [of] something from the disablement
may seem to have been impending, and in
which therefore any act that shall have produced
this such disablement and nothing worse: may with
reason be exempted ++either from all punishment whatsoever, or at least from the punishment that awaits
in general awaits is competent to it an act of such a nature: especially
if such and no other shall appear to have
been the intention.

It is to be observed however that disablement effected
in this either any one of the manners we have mentioned is necessarily
preceded by a certain quantity of pain: to wit organical pain of pain
which in the two last cases when the disablement is effected in either of the two last
ways is of the acute kind: if in the first, if it is if not acute
it is at least unpleasant. either of the acute kind is at least of the unpleasant. This pain therefore
must be taken into the account along with the
mischief of the disablement in order to be set in ballance against

Identifier: | JB/072/160/003
"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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pers. inj:s disablement temporary





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e1 / e2 / e3 / e4


jeremy bentham


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


jeremy bentham

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