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1828. Jany. 27
Law Amendments or Duelling Extinguishable
1. Axioms serving as grounds and reasons for the
provision made by the Legislator for general security,
to wit against the evils respectively produced by
the several classes and genera of Offences.
Case 1. Offence, an Offence affecting person or say corporal vexation in any one of
its several shapes: Offender's motive, ill-will or sport: the enjoyment
of the Offender will not be so great as the evil
of the first order consisting in the suffering experienced
by the party vexed.
Case 2. So, if the offence be an offence affecting
productive of mental vexation; and the motive the same.
Case 3. So, if the Offence be an offence affecting
reputation.
Case 4. So, exceptions excepted,
in the case of every other case class or genus of offences as per Table
the motive, being ill will or sport, as above.
Case 5. Exceptions are the among offences
affecting person and reputation jointly, the offences
having for their motive sexual desire, to wit. 1. Sexual
seduction allurative or say anticitive. 2. Sexual seduction
compulsory. 3. Rape. 4. Vexation lascivious contraelective.
In any of these cases, what may happen is – that
the enjoyment of the Offender may be greater than equal or more than equal to the suffering
of the party wronged: in either of which cases the evil of the
1st order has no place. But to all other persons the suffering
of the one part will appear present itself as being to an indefinite
degree greater than the
enjoyment of the offender,
and proportional to the
apparent excess will be
the actual alarm on
the part of and on behalf persons exposed to the like wrong from the same cause: thence so far as regards alarm will be the evil of the 2d order.
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