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3) Simple Personal Injuries
Private Mischief
-ever an a necessary uncomitant: and when it does
take place it constitutes a separate species of additional species of offence;
offence to which we have allotted a seperate title . We shall therefore refer the consideration of
it to that title. In that case the offence would not
be what we are here suppose it to be, a simple personal
injury: it would be a complex offence consisting
of a simple personal injury and disablement
together.
The destinctions here made are
It is with a view to punishment that the
prefer to bring to note the above distinction.
These portions of organical pain,are all of them to be
considerd 1st with regard to their duration intensity. 2d with
regardto their duration. In regard to both of these
points the scale of variation is very great: in regard to the first of them inconceivably so On
the side of increase the limit only limit if it is
death. Happily such is the constitution of human
nature that the mischief when it has attained to a certain
<Length by producing death brings along with it its own cure.
As to the of privation, when it takes place the
only measure of it is the amount of the sum of which
the party injured is obliged to deprive himself for the
purpose mentioned: I mean the ratio of that sum to
the amount of his whole fortune. Where he in the instanceof a man who does not
work: in the instanceof a working man, of his whole
fortune added to a capital equal to the whole present
value of his probable earnings throughout life.
The circumstance that made it requisite to enter
into the above distinctions as are punishment: whether applied
to the simple purpose of prevention, or to the further
one of ]and compensaion]
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Identifier: | JB/072/116/003"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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116 |
simple personal injuries / offences respecting the persons of individuals |
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003 |
private mischief / public mischief |
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text sheet |
4 |
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recto |
e1 / e2 / e3 / e4 |
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jeremy bentham |
[[watermarks::[gr with crown motif] pro patria [with motif]]] |
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23733 |
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