JB/072/177/002

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22) Pers:l Inj:s Disabl:t

Further reason where the attack is by other signs than words. disallowance would be mitigated by the option a man
would have to bear the punishment appointed by
Law for an attack of the nature in question — in
cases where it is not justifiable, than to bear sit still and submitt to the mischief
of the defamation.

Conclusion — that
as the plea of
Self-defence against
such an attack
ought not to be
admitted to constitute
a total exemption —
On the whole therefore it appears, that more mischief
than benefit would probably accrue result from
the allowing a man to defend his reputation himself against
any attack that can be made upon his
reputation by a counter attack on the person of
the defamer: that is, according to the phraseology
of our system we set out with, from admitting
the defence of one's reputation to constitute an exemption
in favour of an act operative of that sort
of personal Injury which comes under the notion of
temporary disablement.

— But may be
received in
alleviation extenuation.
But though there seems not to be sufficient
reason for admitting a plea of this sort to operate constitute
a total exemption in favour of an act of the
nature of that in question so as to exempt the party from the whole of that punishment altogether which otherwise be competent to the offence,, there seems no reason
why it should not be admitted to constitute an alleviation, so
as to exempt him from a part of that punishment: what might
otherwise be dear important to the offence: and as the punishment
for this sort of offence ought, as we shall see hereafter, to be discretionary
and divisible, this will [obviate whatever inconvenience answer every good purpose
as well as if the case were altogether might arise from the cases not being totally]
exempted altogether.

Identifier: | JB/072/177/002 "JB/" can not be assigned to a declared number type with value 72.
Date_1		Marginal Summary Numbering	not numbered
Box	072	Main Headings	penal code
Folio number	177	Info in main headings field	pers:l inj:s disablt temporary
Image	002	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	e21 / e22 / e23 / e24
Penner	jeremy bentham	Watermarks	[[watermarks::[gr with crown motif] pro patria [with motif]]]
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	23794
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