JB/072/179/003

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Inserenda 23) Personal Injuries Aggr

Exempt. Circumst.s Consent. should ensue? Disablement, Disfigurement Mutilation
or Death? This will depend upon the intent
of him who is eventually the author of such a misfortune.
If it should not appear that he had any
intent in particular to produce the additional misfortune in question, any
further than as it might happen to be the consequence
of his pursuing the intent which his antagonist
consented to his pursuing, there seems it the misfortune may
reasonably it should seem be referred to accident: there seems no reason
why the Author should be punished.

It would be another question whether supposing it
upon the supposition that the consent extended even
to these effects, such consent should be received
as a justification. Whether in the The case of Death will be consider'd
under the article of Duelling. This is what
happens frequently. The others happen so are so unlikely
to happen, that though perhaps it would do no
great harm, yet it could be of no great use to punish
the successful party in a contest where the consent
was proved to have been explicitly manifestly an extended
to these effects. There is scarce any motive
which in the instance of two persons at once can
apply to the intent of producing reciprocally on each
other these effects in exclusion contradistinction to that of Death.
Whether the consent were so applied to such extended
to such a length or no is a matter that can question the affirmation
of which can seldom be expected to be ascertained by positive express proof. and yet this
they are much more
likely to be the accidental
unintended consequences of
an engagement in which
either Death or mere
organical pain or if
disablement only a temporary
disablement was
the effect intended.
I mean positive proof of an express declaration made
of such consent. And yet this seems to be the only way
in which it can be satisfactory ascertained. The principal
circumstance which can serve to shew that the hazard of any of the abovementioned permanent effects, of any thing
more than beyond simple organical pain was meant to be consented
to is the weapon: but this proof applies not more force particularly proba-

Identifier: | JB/072/179/003 "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	179	Info in main headings field	personal injuries
Image	003	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	23796
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