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18
Personal Injuries
of being beaten by the aggressor and questino, given the
motive which he had for beating his adversary, subsisted
not with regard to them. But subsist suppose
it to have subsisted ever so, still so long as
there is this circumstance of consent in the case,
they have nothing to fear. By teh supposition it is
only in case of conent tha tthe author of
is disposed to beat any body. Now to give consent
or not is (for I speak not of a
which for such a purpose is none) is in the party's
own power. It is his own act, the expression of his
own [will] volition. Now that which cannot happen
without his will should a man, can scarcely
have any fears about.
Consent is looked upon as nothing.
The case is, that whether there has been consent or no consent,
the physical appearance
is still the same and this
is all which the Judges who have established the
Law in this behalf
doctrine to have attended to.
In the case of Matthew and Ollerton it
was held that if a man another to beat him
such license is void. The reason given is, that this
is against the Peace. Against the Peace? against
whose peace? against the peace of the man who
chose to be beat or against the peace of strangers
who have nothing no concern in the affair. The same reason
what
Identifier: | JB/072/132/002"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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132 |
personal injuries |
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002 |
exemptive circumstances - consent |
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text sheet |
4 |
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recto |
e17 / e18 / / e20 |
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jeremy bentham |
[[watermarks::[gr with crown motif] pro patria [with motif]]] |
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23749 |
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