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<p>3</p> | |||
<p><head>Of the Lex Talionis.</head></p> | |||
<p><unclear>minute</unclear>. For it is in this case that by <add>means of</add> the strict identity<lb/> | |||
of the part affected, the "<hi rend="underline">hurt</hi>" is capable of being<lb/> | |||
rendered the most accurately the "<hi rend="underline">same</hi>". "An eye for<lb/> | |||
"an eye, and a tooth for <del>the</del> a tooth", are the common<lb/> | |||
instances that are put of the Law of Retaliation.<lb/> | |||
In this case too the identity may be <unclear>parked</unclear> still<lb/> | |||
farther by making the manner of affecting the part,<lb/> | |||
the same as well as the part itself: for the <hi rend="underline">sameness</hi> of the <hi rend="underline">hurt</hi> will depend <add>in some measure</add> upon the identity of the<lb/> | |||
one circumstance <add>part of circumstances</add> as well as of the other. Thus if the<lb/> | |||
injury consisted in the burning out of an eye, the<lb/> | |||
punishment will be more strictly the same if it<lb/> | |||
be by <add>consist</add> burning out the eye <add>of the delinquent</add> than if <del>it were</del> by<lb/> | |||
cutting out. For the hurt will probably be different<lb/> | |||
to wit greater in the part of those cases than in<lb/> | |||
the other.</p> | |||
<p><hi rend="superscript">⊞</hi> <note><hi rend="superscript">⊞</hi> To Ins<hi rend="superscript">a</hi>: 1. N<hi rend="superscript">o</hi> I.</note> The mode of punishment being thus explained, let<lb/> | |||
us now take a short view of its advantages and<lb/> | |||
disadvantages.</p> | |||
<p>In the first place it is not uniformly convertible<lb/> | |||
to profit. It is convertible to Profit only where<lb/> | |||
the offence <del>was <add>reasonably</add> convertible to Profit. To wit where</del> <add>consisted in an injury done to property: except</add><lb/> | |||
<del>it consisted in an <gap/> of <add>injury to</add> property by an unjust<lb/> | |||
seizure and occupation of any article of property; if</del> <add>in one case of offences affecting the person, to wit where the</add><lb/> | |||
<del>in an injury to the person, by <gap/> the party injured</del> <add>injury consisted in the exaction of</add><lb/> | |||
<add><del>to</del> laborious</add></p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
3
Of the Lex Talionis.
minute. For it is in this case that by means of the strict identity
of the part affected, the "hurt" is capable of being
rendered the most accurately the "same". "An eye for
"an eye, and a tooth for the a tooth", are the common
instances that are put of the Law of Retaliation.
In this case too the identity may be parked still
farther by making the manner of affecting the part,
the same as well as the part itself: for the sameness of the hurt will depend in some measure upon the identity of the
one circumstance part of circumstances as well as of the other. Thus if the
injury consisted in the burning out of an eye, the
punishment will be more strictly the same if it
be by consist burning out the eye of the delinquent than if it were by
cutting out. For the hurt will probably be different
to wit greater in the part of those cases than in
the other.
⊞ ⊞ To Insa: 1. No I. The mode of punishment being thus explained, let
us now take a short view of its advantages and
disadvantages.
In the first place it is not uniformly convertible
to profit. It is convertible to Profit only where
the offence was reasonably convertible to Profit. To wit where consisted in an injury done to property: except
it consisted in an of injury to property by an unjust
seizure and occupation of any article of property; if in one case of offences affecting the person, to wit where the
in an injury to the person, by the party injured injury consisted in the exaction of
to laborious
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Identifier: | JB/159/130/003"JB/" can not be assigned to a declared number type with value 159. |
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159 |
punishment |
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130 |
of the lex talionis |
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003 |
frugality / equability / exemplarity |
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text sheet |
4 |
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recto |
f1 / f2 / f3 / f4 |
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jeremy bentham |
[[watermarks::l v g propatria [britannia motif]]] |
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caroline vernon |
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53953 |
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