JB/071/100/002

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10 C

Reasons Offences against Condition — Adultery.

So much for the private mischief [attending the
adultery on the part of the woman] Now let us examine
the public mischief

1. The pain of apprehension which is less than in the case of Theft In this point the mischief of Adultery is considerably
below the level of that of Theft. The property subject
in the case of Adultery (being) violated in the former case is an interest in
the services of a being endued with volition; and
it is of the essence of this offence that the volition
of that being should have concurred in the commission
of the offence: of it. in a word that the woman should
have consented: otherwise it is an offence of a
different nature and is called Rape. This consent
it is evident can not be obtained, as the physical
possession of a piece of money can be obtained
by any one who is within reach of it and has a
mind to take it. It is not above One half of humankind,
all persons of the same sex are out
of reach of the (danger of being exposed to the) temptation.
Of With regard to the opposite sex, it is not
every man that would have the inclination to sollicit
her, and of those who would sollicit her it is not to
every one that she would have inclination to consent.
Either a woman is totally abandoned and void of
all sense of shame or she is not: a woman of
the former description among a civilized people is a kind of monster in nature
concerning whom it is scarce necessary for the Laws
to make provision: such an instance however it sometimes

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Identifier: | JB/071/100/002"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	100	Info in main headings field	offences against condition - adultery
Image	002	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f9 / f10 / f11 / f12
Penner	jeremy bentham	Watermarks	[[watermarks::gr [crown motif] [britannia with shield motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	23503
Box Contents