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<head><add>19)</add> Personal Injuries .</head><!-- left aligned --> | <head><add>19)</add> Personal Injuries .</head><!-- left aligned --> | ||
<p><note>Disablement temporary - Exemptive circumstances .</note> Disablement and Disfigurement <del>m</del> it has been observed | <p><note>Disablement temporary - Exemptive circumstances.</note> Disablement and Disfigurement <del>m</del> it has been observed | ||
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may either of them be temporary as well as | may either of them be temporary as well as | ||
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perpetual . Mutilation from the nature of it cannot | perpetual. Mutilation from the nature of it cannot | ||
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but be perpetual . | but be perpetual. | ||
<lb/></p> | <lb/></p> | ||
<p><add>With respect to</add> Disfigurement when voluntary <add><del>can</del></add> <del><sic>admitt</sic | <p><add>With respect to</add> Disfigurement when voluntary <add><del>can</del></add> <del><sic>admitt</sic> only of - | ||
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<gap/></del> no other circumstances can operate <add>have the effect</add> as <unclear>exemptive</unclear | <gap/></del> no other circumstances can operate <add>have the effect</add> as <unclear>exemptive</unclear> | ||
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circumstances than what would operate with respect | circumstances than what would operate with respect | ||
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to it if it were perpetual . | to it if it were perpetual. | ||
<lb/></p> | <lb/></p> | ||
<p><!-- indent -->With respect to Disablement it is otherwise . There | <p><!-- indent -->With respect to Disablement it is otherwise. There | ||
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are many [cases] sets of circumstances in which either | are many [cases] sets of circumstances in which either | ||
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situations <del>of</del> <add>or</add> sufferings of the party hurt . But it must not | situations <del>of</del> <add>or</add> sufferings of the party hurt . But it must not | ||
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appear that they were motives to the act . If other were | appear that they were motives to the act. If other were | ||
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so , the hurt <add>mischief</add> would be said to have been done <hi rend='underline'>in malice</hi> . | so , the hurt <add>mischief</add> would be said to have been done <hi rend='underline'>in malice</hi>. | ||
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But this will not appear to have been the case when | But this will not appear to have been the case when | ||
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in the <add>those</add> circumstances in question to give birth to the act | in the <add>those</add> circumstances in question to give birth to the act | ||
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in question . | in question. | ||
<lb/></p> | <lb/></p> | ||
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pain or to produce <add>a temporary</add> disablement <add>is</add> when the motive was | pain or to produce <add>a temporary</add> disablement <add>is</add> when the motive was | ||
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[self-defence —] self-preservation . | [self-defence —] self-preservation. | ||
<lb/></p> | <lb/></p> | ||
19) Personal Injuries .
Disablement temporary - Exemptive circumstances. Disablement and Disfigurement m it has been observed
may either of them be temporary as well as
perpetual. Mutilation from the nature of it cannot
but be perpetual.
With respect to Disfigurement when voluntary can admitt only of -
no other circumstances can operate have the effect as exemptive
circumstances than what would operate with respect
to it if it were perpetual.
With respect to Disablement it is otherwise. There
are many [cases] sets of circumstances in which either
the disablement of the party or her suffering a certain portion of organised
pain may with reason be permitted. But all these
cases neither the such pain nor such disablement
is among the motives to the act. They may be either
of them the ultimate object many of them objects of the intention which are
situations of or sufferings of the party hurt . But it must not
appear that they were motives to the act. If other were
so , the hurt mischief would be said to have been done in malice.
But this will not appear to have been the case when
the circumstances are such as point out any other
motive as being of the number of those [from which the
act was capable of originating.] which were of a nature
in the those circumstances in question to give birth to the act
in question.
In the first place One case in which the intent may have been to inflict
pain or to produce a temporary disablement is when the motive was
[self-defence —] self-preservation.
Defence implies an attack
Identifier: | JB/072/176/003"JB/" can not be assigned to a declared number type with value 72. |
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not numbered |
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072 |
penal code |
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176 |
personal injuries - aggrav. |
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003 |
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text sheet |
4 |
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recto |
e17 / e18 / e19 / e20 |
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jeremy bentham |
[[watermarks::[gr with crown motif] pro patria [with motif]]] |
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23793 |
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