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<head>C 3</head> | <head>C 3</head> | ||
<p><note>Consent</note> what the law has to do is as follows. <add>By a general rule</add> It <del><gap/></del> sets<lb/> | <p><note>Consent</note><lb/> what the law has to do is as follows. <add>By a general rule</add> It <del><gap/></del> sets<lb/> | ||
out with prohibiting all applications whatsoever<lb/> | out with prohibiting all applications whatsoever<lb/> | ||
made by any one man to the person or property<lb/> | made by any one man to the person or property<lb/> | ||
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own sake may be <sic>stiled</sic> simple and unconditional.</p> | own sake may be <sic>stiled</sic> simple and unconditional.</p> | ||
<p><note>Case 2. <add>Conditional consent</add> where it <sic>shews</sic> that <sic>tho</sic> the <del>the</del> act <add>may</add> import mischief, it is not mischievous upon the whole. <!-- following in pencil -->2 where | <p><note>Case 2. <add>Conditional consent</add> where it <sic>shews</sic> that <sic>tho</sic> the <del>the</del> act <add>may</add> import mischief, it is not mischievous upon the whole. <!-- following in pencil -->2 where adventitious benefit outweighing the mischief, accrues to the same person. Consent conditional or in consideration.</note> There are other acts, the <add>natural</add> effects of which <add>when</add> taken<lb/> | ||
by themselves are sure to be <sic>disagreable</sic><lb/> | by themselves are sure to be <sic>disagreable</sic><lb/> | ||
to every person and to which accordingly when<lb/> | to every person and to which accordingly when<lb/> | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
C 3
Consent
what the law has to do is as follows. By a general rule It sets
out with prohibiting all applications whatsoever
made by any one man to the person or property
of another: and then it is that it makes an
exception in favour of such cases in which such
application happens to be agreable to the party who
is the object. When this is the case, such party
is said to consent: to give his consent. The
first ground of justification then is consent: simple and unconditional
which when the act consented to is consented to for it's
own sake may be stiled simple and unconditional.
Case 2. Conditional consent where it shews that tho the the act may import mischief, it is not mischievous upon the whole. 2 where adventitious benefit outweighing the mischief, accrues to the same person. Consent conditional or in consideration. There are other acts, the natural effects of which when taken
by themselves are sure to be disagreable
to every person and to which accordingly when
taken by themselves no one who was meant to be the object of them would ever give consent.
But it may happen that those acts shall
be so connected with certain other acts that are
still more agreable to him that without submitting to the
former he cannot have the benefit of the latter.
This connection will give make the general
character of agreableness prevail in the [whole]
compound mass formed by the two incidents taken
together, and by this means the consent which
belongs not naturally only to the disagreable incident
is extended to that which is disagreable. It is
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Identifier: | JB/098/005/003"JB/" can not be assigned to a declared number type with value 98. |
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not numbered |
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098 |
penal code |
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005 |
analysis of the several grounds of justification |
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003 |
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text sheet |
4 |
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recto |
f1 / f2 / f3 / f4 |
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jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
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31613 |
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