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10) Pers:l Inj:s Disabl:t temp.y

Mischiefs property of defence
in this case
less than those of
1st as between the aggressor and defender.
fender's pain of privation which takes place of it.
Remains the organical pain. Now this at no time is
[always] inevitably somthing. But this somthing will
allways be as little as the aggressor chooses to
have it. He has but to desist from the attack, and
the quantity of it is next to nothing. If he persists,
and it be ever so great, still it will be less in his own judgment than equivalent
to the pain of disablement since to remove
the latter he chose to expose himself to the former. But
this pain of disablement is itself less than would
have been the defender's pain of privation had he
failed with the thing. this makes no difference. The
pain will be counterbalanced by the pleasure of expectation
which was the his motive to continue the attack:
This The pleasure to wit of expecting to gain get the possession
thing into his possession. This pleasure must have
been all along more than equivalent to the pain which it accompanied,
and which it exacted was a motive with the party in question to
submitt to: for suppose it for a moment to be less: the
party would no longer cont have an adequate motive
to continue the attack; and the attack would cease.
The total pain therefore of the agressor is the pain of disablement
added with the addition of the organical pain
which was either next to nothing, or if greater counter-ballanced
by a pleasure: this organical pain therefore
may without any sensible error be left out of the
account. Remains the pain of disablement; on the part of the aggressor which was
before shewn to be less than would have been the pain
of privation on the part of the defender.

Upon the whole therefore in this case too the quantity
of pain produced by the defender acting up to his in the case of the defenders aggressor's being if permitted to defend
character his property [or in other words being exempted from

Identifier: | JB/072/162/002
"JB/" can not be assigned to a declared number type with value 72.


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penal code

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pers:l injuries disablt tempory





text sheet

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Page Numbering

e9 / e10 / e11 / e12


jeremy bentham


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


jeremy bentham

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