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<head>4) Offences respecting the Persons of Individuals.</head> | <head>4) Offences respecting the Persons of Individuals.</head> | ||
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<p><note>Private Mischief.</note> <lb/>In settling the <del>quantity</del> quantum of punishment and of <lb/> damages the following are the points which the<lb/> Legislator and the Judge have to attend to.</p> | |||
<p>1<hi rend='superscript'>st</hi> The intensity and duration of the smart produced<lb/> by the blow or other cause of pain immedaitely<lb/> 2<hi rend='superscript'>nd</hi> The <add>intensity & duration of the</add> pain of the disease, if any, that is produced<lb/> by the smart.<lb/>3<hi rend='superscript'>dly</hi> The expense of cure.</p> | |||
<p><note>Public Mischief</note> <lb/>We now come to <del>the <gap/></del> consider the public mischief<lb/>accruing from an Offence of the sort in question<lb/></p> | |||
<p>This mischief will depend in some measure upon the <lb/> <hi rend='underline'>motive</hi> that gave birth to the criminal <del><gap/></del> <add>endeavour</add>.<lb/> We are <del><gap/></del> at present to consider the offence in<lb/> its' natural state: unattended with any peculiar<lb/> circumstance either of <sic>extermation</sic> or of aggravation.<lb/> When in its' natural state, the motive it issues <lb/> from is its natural motive: the motive to wit<lb/>that belongs to the principle of Anger.<lb/></p> | |||
<p>I am stronger than you. I have by this means the power of <lb/> <del>of <gap/></del> <add>& putting you to what pain I like when I can get hold of you </add> were <add>to be</add> permitted with impunity to exercise<lb/> this power, what would be the consequence? That <del>all</del> <add>every</add><lb/> man <add>who knew of it </add> would be in continual apprehension of suffering<lb/> the like violences at the hands of all such persons<lb/> as were stronger than <del>themal</del> himself if ever they<lb/> happened to be angry with him, and he could not<lb/> get away from them. This is, in other words, to<lb/> suffer a pain of apprehension grounded upon that <lb/> organical pain which it is the nature of an offence <add>of</add></p> | |||
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4) Offences respecting the Persons of Individuals.
Private Mischief.
In settling the quantity quantum of punishment and of
damages the following are the points which the
Legislator and the Judge have to attend to.
1st The intensity and duration of the smart produced
by the blow or other cause of pain immedaitely
2nd The intensity & duration of the pain of the disease, if any, that is produced
by the smart.
3dly The expense of cure.
Public Mischief
We now come to the consider the public mischief
accruing from an Offence of the sort in question
This mischief will depend in some measure upon the
motive that gave birth to the criminal endeavour.
We are at present to consider the offence in
its' natural state: unattended with any peculiar
circumstance either of extermation or of aggravation.
When in its' natural state, the motive it issues
from is its natural motive: the motive to wit
that belongs to the principle of Anger.
I am stronger than you. I have by this means the power of
of & putting you to what pain I like when I can get hold of you were to be permitted with impunity to exercise
this power, what would be the consequence? That all every
man who knew of it would be in continual apprehension of suffering
the like violences at the hands of all such persons
as were stronger than themal himself if ever they
happened to be angry with him, and he could not
get away from them. This is, in other words, to
suffer a pain of apprehension grounded upon that
organical pain which it is the nature of an offence of
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Identifier: | JB/072/116/004"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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116 |
simple personal injuries / offences respecting the persons of individuals |
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004 |
private mischief / public mischief |
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text sheet |
4 |
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recto |
e1 / e2 / e3 / e4 |
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jeremy bentham |
[[watermarks::[gr with crown motif] pro patria [with motif]]] |
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23733 |
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