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22) Personal Injuries. Inserenda

Exempt. circumst.s Consent. If consent however should be admitted to justify fighting
it should be under the following limitation. In the first place The
consent should be permitted at a any time to be
withdrawn: if the beating should be continued afterwards,
it should be punished just as if it were
done without consent. In the second place In the
second place. In the next place the consent should
not be deemed given to apply to such circumstances
only of advantage and disadvantage as were should
have been apparent to both parties at the beginning
of the battle: so that if either party should have procured
himself advantages or subjected his antagonist to
disadvantages unknown to the latter, the fighting should
be done it should be reputed an offence in the insidious
combatant, as if no consent had been given.
These restrictions would it should seem be sufficient to prevent the
pain being carried to an unlooked for excess: they
would be sufficient to prevent its exceeding that
quantity to which the sufferer chose which it
was his pleasure to run the chance of. And why
he should not be permitted to run the chance of
that, will I think be difficult to say. These
restrictions provisions are precisely what the plain untutored common
sense of the common people, unperverted by legal sophistry
has actually established, as rules whereby they govern themselves to which they conform
in the bestowal of their good or ill will on the
parties engaged in such contests — of the kind in question.
They allow of fighting
which they call fair
fighting: they abhor it
when unfair, which they deem it to be when attended
with the circumstances
here supposed.

But what, it will be said, if any of the permanent
mischiefs that are apt to be sometimes the consequences attendant of fighting should

Identifier: | JB/072/179/002
"JB/" can not be assigned to a declared number type with value 72.


Marginal Summary Numbering

not numbered



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penal code

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Info in main headings field

personal injuries





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e21 / e22 / e23 / e24


jeremy bentham


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


jeremy bentham

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