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<p><!-- pencil -->8<lb/> | |||
B 1. Ch.7</p> | |||
<p><head>II<lb/> | |||
<hi rend="underline">Second source of analogy<lb/> | |||
<del>For a Corporal injury the same Corporal punishment</del> <add>The same Member punished as was injured</add></hi></head></p> | |||
<p>This is in other words employing the law <add>of</add> retaliation.</p> | |||
<p>In crimes the effecting which is to produce<lb/> | |||
a permanent corporeal injury, the part which receives<lb/> | |||
the injury is a characteristic circumstance. For<lb/> | |||
the sake of analogy, such crimes may be punished<lb/> | |||
by making the delinquent suffer the same injury<lb/> | |||
he has inflicted. The <del>wa</del> vengeance he wreaked<lb/> | |||
on the innocent is by this means made to fall<lb/> | |||
on his own head. I mean<del>s</del> always with this<lb/> | |||
proviso; that the injury was malicious and<lb/> | |||
<del><gap/></del> <add>ultimately</add> intentional: that the intention of the<lb/> | |||
delinquent was not merely to do bodily hurt but<lb/> | |||
that <del>for</del> precise kind of bodily hurt (or one of<lb/> | |||
equal mischief) that has actually taken place.</p> | |||
<p><del>The case of the</del> <add>When the</add> delinquent <del>wanting</del> <add>happens <del>to be</del> already to be deprived of</add> the part<lb/> | |||
<del>which</del> <add>that</add> he has destroyed or injured in his adversary,<lb/> | |||
<del>& that of his being</del> <add>or <del>in case of</del> when he is liable to be</add> more or less prejudiced than his<lb/> | |||
adversary by an injury done to that same part,<lb/> | |||
owing to a difference in their occupations, <add>these</add> are<lb/> | |||
circumstances to be considered and provided for.</p> | |||
<p>In like manner may the circumstance of<lb/> | |||
analogy be observed when the injury was of the<lb/> | |||
ignominious kind, unattended by any permanent<lb/> | |||
mischief to the <hi rend="underline">person</hi>. <del>by</del> Ignominy may be<lb/> | |||
punished by the same ignominy where the circumstances<lb/> | |||
of the parties regain and admit of<lb/> | |||
such a mode of punishment.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Completed}} |
8
B 1. Ch.7
II
Second source of analogy
For a Corporal injury the same Corporal punishment The same Member punished as was injured
This is in other words employing the law of retaliation.
In crimes the effecting which is to produce
a permanent corporeal injury, the part which receives
the injury is a characteristic circumstance. For
the sake of analogy, such crimes may be punished
by making the delinquent suffer the same injury
he has inflicted. The wa vengeance he wreaked
on the innocent is by this means made to fall
on his own head. I means always with this
proviso; that the injury was malicious and
ultimately intentional: that the intention of the
delinquent was not merely to do bodily hurt but
that for precise kind of bodily hurt (or one of
equal mischief) that has actually taken place.
The case of the When the delinquent wanting happens to be already to be deprived of the part
which that he has destroyed or injured in his adversary,
& that of his being or in case of when he is liable to be more or less prejudiced than his
adversary by an injury done to that same part,
owing to a difference in their occupations, these are
circumstances to be considered and provided for.
In like manner may the circumstance of
analogy be observed when the injury was of the
ignominious kind, unattended by any permanent
mischief to the person. by Ignominy may be
punished by the same ignominy where the circumstances
of the parties regain and admit of
such a mode of punishment.
Identifier: | JB/141/037/002"JB/" can not be assigned to a declared number type with value 141. |
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141 |
rationale of punishment |
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037 |
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002 |
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copy/fair copy sheet |
2 |
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recto |
f6 / f8 |
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richard smith |
[[watermarks::[britannia with shield emblem]]] |
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48254 |
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