8) Person Inj:s Disabl:t temp.y
2dly. still more when the public is considerd.
person is what no man can feel to be altogether in his
power. choice From a man licensed to act only in the character
of an offender a defender no man has any thing
to fear. To avoid suffering pain at the hands of
such a person is what every man must feel to
be altogether in his power. He need but forbear
attacking and he is safe. There is a public mischief
But the private mischief of the attack has been shewn
to be alone greater than that of
the defence: but the public
mischief of the attack has been is
still greater than the private: and the
is not attended with any public mischief.
mischief of the attack, public
and private together: is much
greater than the total mischief
of the defence.
from the private mischief therefore resulting from the private mischief of an attack which there is not of a defence.
2dly Defence of the Defender's own property.
Let us now consider why Protection of a man's
self against an attack made upon his property, ought
to also to operate as an exemption in favour of an act
of the sort in question.
This case not so simple as the former.
This case is not so simple as the other. former The pains
respectively produced by the attack and by the defence are
not of the same kind. +
+In the former case
both pains are of the organical
kind. In the
present the pain of the
attack defence only is of the
organical kind that of
the attack is of the mental
kind: viz: the Pain of
They are not so easy therefore to
compare as those in the former case. Most Somthing More must
be less here to conjecture and loose opinion: the satisfaction
will not be altogether so compleat enough however it is to be hoped
to answer the purpose.
The mischief of such an attack will vary according to
the site of circumstances in which it is made. Some of these
[sets of] circumstances or rather sets of circumstances as are in their render the
nature act so mischievous, as to raise it as we shall see
hereafter to the condition of a heavy first-rate crime:+
+Such are those which
[have the effect of bestowing]
bestow on it like not the
of Theft, Embezzlement,
False pretences, Forgery
On this occasion
however whi we shall proceed as we did on the
former: we shall consider the act as divested of all
these aggravating circumstances. We shall by this means
keep clear of a considerable embarassment, and save ourselves
from being obliged to anticipate what we have
to say of those aggravated offences in the proper place. under their proper [head] : The proof
Identifier: | JB/072/161/004
"JB/" can not be assigned to a declared number type with value 72.
pers. injur:s disablement temporary
e5 / e6 / e7 / e8
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