JB/072/179/002

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22) Personal Injuries. Inserenda

Exempt. circumst.s Consent. If consent however should be admitted to justify fighting
it should be under the following limitation. In the first place The
consent should be permitted at a any time to be
withdrawn: if the beating should be continued afterwards,
it should be punished just as if it were
done without consent. In the second place In the
second place. In the next place the consent should
not be deemed given to apply to such circumstances
only of advantage and disadvantage as were should
have been apparent to both parties at the beginning
of the battle: so that it either party should have procured
himself advantages or subjected his antagonist to
disadvantages unknown to the latter, the fighting should
be done it should be reputed an offence in the insidious
combatant, as if no consent had been given.
These restrictions would it should seem be sufficient to prevent the
pain being carried to an unlooked for excess: they
would be sufficient to prevent its exceeding that
quantity to which the sufferer chose which it
was his pleasure to run the chance of. And why
he should not be permitted to run the chance of
that, will I think be difficult to say. These
restrictions provisions are precisely what the plain untutored common
sense of the common people, unperverted by legal sophistry
has actually established, as rules whereby they govern themselves to which they conform
in the bestowal of their good or ill will on the
parties engaged in such contests — of the kind in question. They allow of fighting which they call fair fighting: they abhor it when unfair, which they deem it to be when attended with the circumstances above here supposed.

But what, it will be said, if any of the permanent
mischiefs that are apt to be sometimes the consequences attendant of fighting should

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Identifier: | JB/072/179/002"JB/" can not be assigned to a declared number type with value 72.
Date_1		Marginal Summary Numbering	not numbered
Box	072	Main Headings	penal code
Folio number	179	Info in main headings field	personal injuries
Image	002	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	e21 / e22 / e23 / e24
Penner	jeremy bentham	Watermarks	[[watermarks::[gr with crown motif] pro patria [with motif]]]
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	23796
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