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16) Personal Injuries. Inserenda.
Exempt. circumst:s Consent. but then there by the supposition there is a pleasure
in the case more than equivalent to that pain,
so that the condition of the suffering is in is at
least as good as if there were no pain in the case at all.
For the motive to consent when free can not be other than a pleasure apparently greater than the pain consented to. That
any thing but except the greater apparent good should determine
the will is contrary to uniform experience. Hence it
Mayhem &c not liable to any exemptive circumstance but legal sentence
Consent. continued is manifest that when a man submitts to pain by
his own consent his condition is at least as good
as if he submitted to no such pain. In this case This is true
however however only in the supposition it is to be taken for granted that he is in
a condition to make a reasonable aestimate of the
value of the pain he consents to expose himself
to, taking it in all it's several dimensions. But This he cannot
be presumed to be unless he be of a certain
age: that is of a certain proportion of age with respect
to his antagonist.
Errors of Jurists. Strictures Buggery Sodomy Buggery Sodomy Buggery improperly ranked classed with personal injuries
Cr. Jr. 56. so as well might fornication.
Means Means of produ whereby the obnoxious event may be
produced. Cr. Jur. 1.
Errors of Jurists. Errors of Lawyers [or Jurists] to be a head as
well as Errors of the Law.
Consent — continued If it is plain [manifest] that the circumstance of consent
takes away the direct mischievousness of an act of a personal
injury, or rather serves as evidence to shew that upon
the whole there was no such mischief in the case, it is equally plain
Identifier: | JB/072/178/004 "JB/" can not be assigned to a declared number type with value 72.
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072 |
penal code |
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178 |
personal injuries |
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004 |
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text sheet |
4 |
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recto |
e13 / e14 / e15 / e16 |
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jeremy bentham |
[[watermarks::[gr with crown motif] pro patria [with motif]]] |
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23795 |
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