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<head><hi rend='superscript'>20)</hi> Personal Injuries.</head> <note>Inserenda.</note> | |||
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<p><note>Exempt. circumstances — Consent</note> -cution authorized is that in which the penalty is applied | |||
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to the profit of the <add>pretended</add> sufferer. If in a moral | |||
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view it were thought better to <del>permi</del> prohibit | |||
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fighting than to <sic>permitt</sic> it <note><del>no <add>recent</add> <gap/> <gap/> <gap/> <gap/> <gap/> <gap/> <gap/> <gap/> <gap/> injurys <gap/> <gap/> for <gap/></del></note>, there is another way of enforcing | |||
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the prohibition , equally obvious , equally <sic>freequent</sic> | |||
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in practise, & that is not liable to the above | |||
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objection ; that is <del>the pu</del> by Indictment in which | |||
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the <add>either the</add> penalty would not be pecuniary , or if it were | |||
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<del>the profit of it</del> would be applied in some other | |||
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manner than to the profit of him by whence if | |||
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all persons, no profit should be made of it. <del>What</del> <add><del>If</del></add> | |||
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<del>will <add>may <unclear>burn</unclear></add> occur indeed on this occasion is that</del> As | |||
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an objection to this it may possibly occur , that it is | |||
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in vain to <sic>permitt</sic> a prosecution , if <del>the motive to</del> <add>there be no motive</add> no | |||
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motive is given <add>given to any man to become a prosecutor.</add> to undertake it. A public prosecutor | |||
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is an Officer which how much soever he may | |||
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be would , <del>is not</del> <add>has never <hi rend='underline'>yet</hi> been</add> [established] known to our Law : | |||
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and <del>in general</del> <add>as <del>to</del> prove to persons</add> it will seem that <add>in general</add> except it be | |||
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the sufferer himself no <del>one</del> <add>one <add><del>other private</del></add></add> else will have an adequate | |||
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motive to undertake the task. The answer to | |||
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this <add>is</add> <del>it is true</del> that <del>the motive of lucre</del> though the | |||
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motive of lucre should be taken away, the sufferer | |||
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<add>will not be left without a motive : he</add> will still have <add>that same <add><del>that same</del> —</add></add> <del>a</del> motive which in a multitude of ca<add>ses</add><!-- unsure whether to write this as one word (as we would if it were to be written partly at the end of one line with the remainder of the word written at the start of the next), or as being 'added' (as we would if another word carrying on the next or new section were written on a lower line)? --> | |||
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<head>NOTE.</head><!-- centred --> | |||
<p>The powers <del>exercised by</del> <add>belonging</add> to the the Attorney General and | |||
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to the King's Coroner may possibly be urged <del>an</del> in disproof | |||
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of this <del>observation</del> allegation. But <del>those</del> powers | |||
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exercises <add>regulated as they are by custom</add> as they are in use to be exercised do not by | |||
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any means answer that purpose. It is not usual for | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} |
20) Personal Injuries. Inserenda.
Exempt. circumstances — Consent -cution authorized is that in which the penalty is applied
to the profit of the pretended sufferer. If in a moral
view it were thought better to permi prohibit
fighting than to permitt it no recent injurys for , there is another way of enforcing
the prohibition , equally obvious , equally freequent
in practise, & that is not liable to the above
objection ; that is the pu by Indictment in which
the either the penalty would not be pecuniary , or if it were
the profit of it would be applied in some other
manner than to the profit of him by whence if
all persons, no profit should be made of it. What If
will may burn occur indeed on this occasion is that As
an objection to this it may possibly occur , that it is
in vain to permitt a prosecution , if the motive to there be no motive no
motive is given given to any man to become a prosecutor. to undertake it. A public prosecutor
is an Officer which how much soever he may
be would , is not has never yet been [established] known to our Law :
and in general as to prove to persons it will seem that in general except it be
the sufferer himself no one one <add>other private</add> else will have an adequate
motive to undertake the task. The answer to
this is it is true that the motive of lucre though the
motive of lucre should be taken away, the sufferer
will not be left without a motive : he will still have that same <add>that same —</add> a motive which in a multitude of cases
---page break---
NOTE.
The powers exercised by belonging to the the Attorney General and
to the King's Coroner may possibly be urged an in disproof
of this observation allegation. But those powers
exercises regulated as they are by custom as they are in use to be exercised do not by
any means answer that purpose. It is not usual for
Identifier: | JB/072/132/004"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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132 |
personal injuries |
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004 |
exemptive circumstances - consent |
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text sheet |
4 |
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recto |
e17 / e18 / / e20 |
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jeremy bentham |
[[watermarks::[gr with crown motif] pro patria [with motif]]] |
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23749 |
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