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13
Analogy.
In crimes by which the effect of which is to produce a permanent injury is
inflicted on the corporal injury† † See Ch. ..., the part thus which receives
injured which the injury is a characteristic circumstance.
Such crimes may be punished by making
the delinquent suffer the same injury [in
the same member] he has inflicted. I was The
a revenge vengeance he wreaked on the innocent, is by
this means made to fall on his own head.
I mean always with this proviso; that the injury
was malicious & compleatly intentional: that the intention
of the delinquent was not merely to do bodily
hurt, but that precise kind of bodily hurt (or
one equal to it of equal mischief) that has actually taken place been done.
Our Laws are blind for the most To this important distinction
our Laws are for the most part blind.
The case of the delinquent's wanting the part which
he has destroy'd or injured in his antagonist adversary, and
that of his being more or less prejudiced than his adversary by an injury
done to that same part, owing to a difference in their
occupations, are circumstances cases to be considered
and provided for.
The circumstance of analogy [may in like manner] In like manner may the case
be consid observed, where the injury was of the ignominious
hand, unaccompanied unattended by any permanent
mischief to the person. Ignominy may be
punished by the same ignominy where the circumstances
of the parties require and admitt of
such a mode of punishment.
Identifier: | JB/159/125/001 "JB/" can not be assigned to a declared number type with value 159.
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jeremy bentham |
[[watermarks::l v g propatria [britannia motif]]] |
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caroline vernon |
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53948 |
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