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<head>2) Personal Injuries. Disablement temporary. Ex. Circ.</head> | |||
<p><note>Exempt circumst<hi rend='superscript'>s</hi> why permanent Disablement <sic>admitts</sic> of so few.</note> Disablement, as contradistinct from temporary<lb/> | |||
is a mischief that <del>it</del> <add>an individual</add> can never be necessary to<lb/> | |||
inflict for the sake of preventing greater mischiefs.<lb/> | |||
In a state of political society, a man's own <del>force</del> <add>defensive power</add> is<lb/> | |||
<del>-chiefs</del> needful for him, only <del>in <gap/></del> against sudden attacks. When<lb/> | |||
they are expected before hand, and there is time to call on assistance, the<lb/> | |||
Law is <del>always</del> both willing and able to take charge of his security.</p> | |||
<p><note><del>Rul</del> General Rule for finding those <del>that are admitted</del> <add>which</add> by temporary Disablement <sic>admitts</sic> of.</note> It is this reason that will guide us in laying<lb/> | |||
down a general rule to comprize the several cases<lb/> | |||
in which <del>temporar</del> where temporary <add>only</add> it may be<lb/> | |||
justified: in other words to the investigation <add>discovery</add> of the<lb/> | |||
several sets of circumstances that with regard to<lb/> | |||
the act in question are fit to be made to operate<lb/> | |||
as exemptive circumstances.</p> | |||
<p>The rule is [no other than] this. An act of <del>tempora</del><lb/> | |||
disablement (so as it <del>in</del> be temporary) ought <add>may</add><lb/> | |||
<add>be justified</add> to be <sic>dispunishable</sic>, in any case where <del>the pa</del> a<lb/> | |||
mischief was about to be produced [by the party disabled]<lb/> | |||
greater than or equal to the mischief [of]<lb/> | |||
produced by the disablement, and the intent of the<lb/> | |||
disabler was to prevent this greater mischief.</p> | |||
<p><note>Disablement — two ways of effecting it</note> There are two ways in which temporary disablement<lb/> | |||
may be effected. The one is by what may<lb/> | |||
be called physical coercion<!-- diaeresis -->: the other by what<lb/> | |||
may be called mental [or moral] coercion or moral.</p> | |||
<p><note>By physical coercion<!-- diaeresis --></note> Disablement may be said to be effected by <del>moral</del> <add>physical</add><lb/> | |||
coercion when by the present application of a <add>some</add><lb/> | |||
physical force, <add>power</add> the force of the physical faculties<lb/> | |||
of the party disabled is counter acted and surmounted<lb/> | |||
or else when by the past applications of some such <add>force</add></p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} |
2) Personal Injuries. Disablement temporary. Ex. Circ.
Exempt circumsts why permanent Disablement admitts of so few. Disablement, as contradistinct from temporary
is a mischief that it an individual can never be necessary to
inflict for the sake of preventing greater mischiefs.
In a state of political society, a man's own force defensive power is
-chiefs needful for him, only in against sudden attacks. When
they are expected before hand, and there is time to call on assistance, the
Law is always both willing and able to take charge of his security.
Rul General Rule for finding those that are admitted which by temporary Disablement admitts of. It is this reason that will guide us in laying
down a general rule to comprize the several cases
in which temporar where temporary only it may be
justified: in other words to the investigation discovery of the
several sets of circumstances that with regard to
the act in question are fit to be made to operate
as exemptive circumstances.
The rule is [no other than] this. An act of tempora
disablement (so as it in be temporary) ought may
be justified to be dispunishable, in any case where the pa a
mischief was about to be produced [by the party disabled]
greater than or equal to the mischief [of]
produced by the disablement, and the intent of the
disabler was to prevent this greater mischief.
Disablement — two ways of effecting it There are two ways in which temporary disablement
may be effected. The one is by what may
be called physical coercion: the other by what
may be called mental [or moral] coercion or moral.
By physical coercion Disablement may be said to be effected by moral physical
coercion when by the present application of a some
physical force, power the force of the physical faculties
of the party disabled is counter acted and surmounted
or else when by the past applications of some such force
Identifier: | JB/072/160/002"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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160 |
pers. inj:s disablement temporary |
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002 |
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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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23777 |
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