★ Find a new page on our Untranscribed Manuscripts list.
No edit summary |
No edit summary |
||
| (2 intermediate revisions by 2 users not shown) | |||
| Line 2: | Line 2: | ||
<!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | <!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | ||
< | <pb/> | ||
<p>of being beaten by the aggressor in question, | <head>18) Personal Injuries. <note>Inserenda</note></head> | ||
motive which he had for beating his adversary, subsisted<lb/> | |||
not with regard to them. But | <p><note>Exempt. circumstances. Consent</note> of being beaten by the aggressor in question, since the<lb/> | ||
motive which he had for beating his adversary <add>the person with whom he had an enmity</add>, subsisted<lb/> | |||
not with regard to them. But <del>subsiste</del> suppose<lb/> | |||
it to have subsisted ever so, still so long as<lb/> | it to have subsisted ever so, still so long as<lb/> | ||
there is this circumstance of consent in the case,<lb/> | there is this circumstance of consent in the case,<lb/> | ||
they have nothing to fear. By the supposition it is<lb/> | they have nothing to fear. By the supposition it is<lb/> | ||
only in case of consent that the author of that <add>supposed</add> injury<lb/> | only in case of consent that the author of that <add>supposed</add> injury<lb/> | ||
is disposed to beat any body. Now to give consent<lb/> | is disposed to beat any body. Now to give <del><gap/></del> consent<lb/> | ||
or not is | or not is manifestly (for I speak not of a forced consent<lb/> | ||
which for such a purpose is none) is in the party's<lb/> | which for such a purpose is none) is in the party's<lb/> | ||
own power. It is his own act, the expression of his<lb/> | own power. It is his own act, the expression of his<lb/> | ||
own [will] volition. Now that which cannot happen<lb/> | own [will] volition. Now that which cannot happen<lb/> | ||
without | without he wills it should, a man, can scarcely<lb/> | ||
have any fears about. | have any fears about. The <del>a</del> question is a question of<lb/> | ||
experience, which any man may answer. I see two <add>strange</add> men <del><gap/></del> <add>boxing</add> who<lb/> | |||
are both strangers to me: Can this raise in me any apprehension<lb/> | |||
on my own account?</p> | |||
<p><note><del>Errors.</del> <add>Strictures.</add> Consent no justification.</note> I have already observed, that consent, viz: the consent<lb/> | |||
Consent is looked upon as nothing.<lb/> | of the person who has been the object of the injury is<lb/> | ||
The case is, that whether there has been consent or no consent,< | a circumstance that ought, for reasons that I have given,<lb/> | ||
to be received into the catalogue of exemptive circumstances.<lb/> | |||
is still the same and this< | The disposition however of the Law<lb/> | ||
is all which the Judges who have established the<lb/> | in this behalf is [not by any means] <add>far from being</add> conformable to<lb/> | ||
Law in this behalf< | this notion. Consent is looked upon as nothing. <note>Bullers <del>No.</del> 16</note><lb/> | ||
doctrine | <add>The case is, that whether there has been consent or no consent,</add> The physical appearance of the transaction <del>which</del><lb/> | ||
In the case of Matthew and Ollerton it<lb/> | <add>is still the same: and this</add> is all which the Judges who have established <del>this</del> <add>the</add><lb/> | ||
was held that if a | <add>Law in this behalf</add> doctrine seem to have attended to. <del>is still the</del><lb/> | ||
<del>same.</del> In the case of Matthew and Ollerton <note>Comb. 16</note> it<lb/> | |||
was held <add>without scruple or exception</add> that if a Man license another to beat him<lb/> | |||
such license is void. The reason given is, that this<lb/> | such license is void. The reason given is, that this<lb/> | ||
is against the Peace. Against the Peace? against<lb/> | is against the Peace. Against the Peace? against<lb/> | ||
whose peace? against the peace of the man who<lb/> | whose peace? against the peace of the man who<lb/> | ||
chose to be beat or against the peace of strangers<lb/> | chose to be beat or against the peace of <del>this</del> strangers<lb/> | ||
who have nothing no concern in the affair | who have <del>noth</del> <add>nothing to do with</add> no concern in the affair? The same reason <add>what</add></p> | ||
<pb/> | |||
<!-- DO NOT EDIT BELOW THIS LINE --> | <!-- DO NOT EDIT BELOW THIS LINE --> | ||
{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
---page break---
18) Personal Injuries. Inserenda
Exempt. circumstances. Consent of being beaten by the aggressor in question, since the
motive which he had for beating his adversary the person with whom he had an enmity, subsisted
not with regard to them. But subsiste suppose
it to have subsisted ever so, still so long as
there is this circumstance of consent in the case,
they have nothing to fear. By the supposition it is
only in case of consent that the author of that supposed injury
is disposed to beat any body. Now to give consent
or not is manifestly (for I speak not of a forced consent
which for such a purpose is none) is in the party's
own power. It is his own act, the expression of his
own [will] volition. Now that which cannot happen
without he wills it should, a man, can scarcely
have any fears about. The a question is a question of
experience, which any man may answer. I see two strange men boxing who
are both strangers to me: Can this raise in me any apprehension
on my own account?
Errors. Strictures. Consent no justification. I have already observed, that consent, viz: the consent
of the person who has been the object of the injury is
a circumstance that ought, for reasons that I have given,
to be received into the catalogue of exemptive circumstances.
The disposition however of the Law
in this behalf is [not by any means] far from being conformable to
this notion. Consent is looked upon as nothing. Bullers No. 16
The case is, that whether there has been consent or no consent, The physical appearance of the transaction which
is still the same: and this is all which the Judges who have established this the
Law in this behalf doctrine seem to have attended to. is still the
same. In the case of Matthew and Ollerton Comb. 16 it
was held without scruple or exception that if a Man license another to beat him
such license is void. The reason given is, that this
is against the Peace. Against the Peace? against
whose peace? against the peace of the man who
chose to be beat or against the peace of this strangers
who have noth nothing to do with no concern in the affair? The same reason what
---page break---
|
Identifier: | JB/072/132/002"JB/" can not be assigned to a declared number type with value 72. |
|||
|---|---|---|---|
|
not numbered |
|||
|
072 |
penal code |
||
|
132 |
personal injuries |
||
|
002 |
exemptive circumstances - consent |
||
|
text sheet |
4 |
||
|
recto |
e17 / e18 / / e20 |
||
|
jeremy bentham |
[[watermarks::[gr with crown motif] pro patria [with motif]]] |
||
|
23749 |
|||
