JB/071/098/002

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2 C

Reasons Offences against Condition — Adultery

[became mens property] by the uses they are capable may be
of being put to: persons in virtue of the services
they may be made to render. The distinction is
more in words than any thing else: for what is the when you
making makes cause a person and to render you such or such
a service what is it but the putting him to such
or such a use?

The wife then is to a certain degree the
property of the husband: the husband is or may
be made to a certain degree the property of
the wife. Adultery in this point of view is a
kind of Theft.

The Law which constitutes treats Adultery as an offence
against an individual establishes or apprises
the establishment of a property of the kind
in question: just as does the Law which treats
Theft or Fraudulent obtainment as an offence.
The consideration of the reasons which plead for
the establishment of this sort of property belongs
properly to the civil branch of the Law.

The Law which treats Adultery as an offence
in this point of view supposes it to be committed
ag without the consent and against the good-liking
of the other party: for if it be not against
his good liking, it is to him no injury.

To estimate the mischief of this offence, let
us first suppose it to be committed by the Wife
to the prejudice of the Husband:

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Identifier: | JB/071/098/002"JB/" can not be assigned to a declared number type with value 71.
Date_1		Marginal Summary Numbering	not numbered
Box	071	Main Headings	penal code
Folio number	098	Info in main headings field	offences against condition - adultery
Image	002	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f1 / f2 / f3 / f4
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif] [britannia with shield motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	23501
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