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1826. March 20
Penal CodeCh. 1. Offences affectg the person
§. 7. Mental vexation simple
for The cases then to which responsibility
punitional and satisfactional, or, at least
compensational shall be confined, may it
should seem to be reducible to two:
1. Where the intention to give pain
is established, and the contemplation of the pain
so intended and endeavoured to be given is
the final cause of the act. For, in this case,
here by the supposition is the evil mischief of the first order:
also, evil of the second order, for here
has been manifested a disposition from whence
ulterior pain by any such persons to whom
it may have happened to become objects of
antipathy to the delinquent, may reasonably
be apprehended. If in this one case, the
offence disposition remains unrepreseed, it may reasonably
be expected to give birth to others and others without
end. In the case of corporal vexation, the need of repression
where the disposition is thus present has been shown by the
example of the drop of water, and the tyranny equally unsupportable
would be the result of the license allowed to mental vexation
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