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<head>1826. May 19.<lb/> | |||
Penal Code<lb/> | |||
4<lb/> | |||
Ch. Offences by Person<lb/> | |||
§. Justifications —<lb/> | |||
Self preservation.</head> | |||
<note>10<lb/> | |||
As to self preservation<lb/> | |||
at large. The<lb/> | |||
aggressor produces<lb/> | |||
evil to another with<lb/> | |||
no other view than<lb/> | |||
the endeavour to<lb/> | |||
save himself from<lb/> | |||
it. Here are grounds<lb/> | |||
for exemption from<lb/> | |||
punishment but<lb/> | |||
not from giving<lb/> | |||
compensation</note> | |||
<p><add><del>Now suppose</del></add> Thus far as to self-defence. Now as to self preservation<lb/> | |||
at large. In the evil from which, the person<lb/> | |||
in question is seeking to preserve himself, suppose that<lb/> | |||
the <unclear>human</unclear> agent has any participation. The supposed<lb/> | |||
aggressor, by the supposition in his endeavours<lb/> | |||
to avoid the evil, produces that or another evil,<lb/> | |||
on the part of another person, intending, it is<lb/> | |||
true, to produce it on the part of that other person<lb/> | |||
but on no other account nor with any other view,<lb/> | |||
than the endeavour to preserve himself from it.<lb/> | |||
Here the two above mentioned grounds of exemption<lb/> | |||
from punishment seem to have adequate application —<lb/> | |||
to wit — evil of the second order, none, and punishment<lb/> | |||
useless. Here then, so far as regards punishment,<lb/> | |||
no ground for it, has place; but, in this<lb/> | |||
case, while one of the two is wholly preserved<lb/> | |||
from <del><add>the</add></del> evil <del>by the</del> the evil, by the supposition has fallen<lb/> | |||
with undivided force upon the other. Here then,<lb/> | |||
seems to be a case for compensation. In return for<lb/> | |||
the benefit, </p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{In_Progress}} | ||
1826. May 19.
Penal Code
4
Ch. Offences by Person
§. Justifications —
Self preservation.
10
As to self preservation
at large. The
aggressor produces
evil to another with
no other view than
the endeavour to
save himself from
it. Here are grounds
for exemption from
punishment but
not from giving
compensation
Now suppose Thus far as to self-defence. Now as to self preservation
at large. In the evil from which, the person
in question is seeking to preserve himself, suppose that
the human agent has any participation. The supposed
aggressor, by the supposition in his endeavours
to avoid the evil, produces that or another evil,
on the part of another person, intending, it is
true, to produce it on the part of that other person
but on no other account nor with any other view,
than the endeavour to preserve himself from it.
Here the two above mentioned grounds of exemption
from punishment seem to have adequate application —
to wit — evil of the second order, none, and punishment
useless. Here then, so far as regards punishment,
no ground for it, has place; but, in this
case, while one of the two is wholly preserved
from the evil by the the evil, by the supposition has fallen
with undivided force upon the other. Here then,
seems to be a case for compensation. In return for
the benefit,
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Identifier: | JB/067/199/001"JB/" can not be assigned to a declared number type with value 67. |
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1826-05-19 |
10 |
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penal code |
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199 |
penal code |
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001 |
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copy/fair copy sheet |
1 |
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recto |
a4 |
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john neal |
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22032 |
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