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<p>in the second instance to any state which has jurisdiction | <p>in the second instance to any state which has jurisdiction | ||
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over him by any other means : <add>that is, whether</add> by means of affection , | over him by any other means: <add>that is, whether</add> by means of affection, | ||
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<add>of</add> residence or <add>of</add> possessions. | <add>of</add> residence or <add>of</add> possessions. | ||
<lb/></p> | <lb/></p> | ||
<p><!-- indent --><note>Reason for punishing Offences against Enemies when Not privileged.</note> Now let us consider the case when the state of which | <p><!-- indent --><note>Reason for punishing Offences against Enemies when Not privileged.</note> Now let us consider the case when the state of which | ||
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the party injured is a member is at enmity with ones own | the party injured is a member is at enmity with ones own | ||
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state : for hitherto it has been taken for granted to be in | state: for hitherto it has been taken for granted to be in | ||
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amity. | amity. In this case it might seem at first sight that he | ||
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were altogether out of its protection and that there could | were altogether out of its protection and that there could | ||
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be no reason for punishing any injury that may have | be no reason for punishing any injury that may have | ||
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been done to him. | been done to him. In fact however the same motives of | ||
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humanity and political prudence which dictate the propriety | humanity and political prudence which dictate the propriety | ||
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besides what it may be necessary to inflict upon him | besides what it may be necessary to inflict upon him | ||
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for the purpose of the war. | for the purpose of the war. After these exceptions there | ||
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seems to be no reason for treating him upon a footing inferior | seems to be no reason for treating him upon a footing inferior | ||
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to that of a subject. | to that of a subject. After these exceptions be <add>it | ||
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is our business to protect him</add> ought to be protected from outrage , if not for his | is our business to protect him</add> ought to be protected from outrage, if not for his | ||
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sake, for one's <add>our</add> own. See Tit: [<sic>Crueties</sic> to Animals].<!-- brackets in pencil --> | sake, for one's <add>our</add> own. See Tit: [<sic>Crueties</sic> to Animals].<!-- brackets in pencil --> | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} |
C 11.
Offences against the external Security of the State.
in the second instance to any state which has jurisdiction
over him by any other means: that is, whether by means of affection,
of residence or of possessions.
Reason for punishing Offences against Enemies when Not privileged. Now let us consider the case when the state of which
the party injured is a member is at enmity with ones own
state: for hitherto it has been taken for granted to be in
amity. In this case it might seem at first sight that he
were altogether out of its protection and that there could
be no reason for punishing any injury that may have
been done to him. In fact however the same motives of
humanity and political prudence which dictate the propriety
of giving protection to a foreigner in amity may
plead in favour of an enemy with respect to all evils
besides what it may be necessary to inflict upon him
for the purpose of the war. After these exceptions there
seems to be no reason for treating him upon a footing inferior
to that of a subject. After these exceptions be it
is our business to protect him ought to be protected from outrage, if not for his
sake, for one's our own. See Tit: [Crueties to Animals].
— when privileged. In some particular cases there is even occasion for affording
a higher degree of protection to an enemy than even to
Identifier: | JB/072/049/003"JB/" can not be assigned to a declared number type with value 72. |
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not numbered |
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072 |
penal code |
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049 |
offences against the external security of the state |
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003 |
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copy/fair copy sheet |
4 |
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recto |
f9 / f10 / f11 / f12 |
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[[watermarks::[gr with crown motif] pro patria [with motif]]] |
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23666 |
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