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2 C
Offences against the dead
It remains now to be seen in what ways a man
can be affected by an injury, which superficially
consider'd appears to be done to his dead relation.
It is impossible on this occasion to keep clear
altogether of the improprieties of language; nor to avoid
speaking of a dead man as having a kind
of existence upon earth, at a time when in fact he is a nonentity.
He once however had an existence, so that
the impropriety amounts but to an anachronism, not
to a groundless mis-assertion. The impropriety
however must be a constant one: since as it
those offences only belong is of the essence of the offences that belong belonging to the
present title, that at the time of their being committed,
the person against they are said to have
been committed, was no more. Those that were committed
against him during his life stand upon a
footing with all other offences, and have no place
here.
To avoid perpetual prolixity, we are must all along
speak of the dead man as if it were he that was affected. A dead man may be affected in three ways:
in his person, his reputation, and his condition.
He cannot be affected in his property: for the whatever
property which was his his, that property at the instant of his death,
that is before an offence of the kind in question
could be committed, vested in another some other person.
In his person he may be a sufferer, but no
otherwise than by being made to suffer in his reputation
at the same time: to suffer in his person merely
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Identifier: | JB/071/040/002"JB/" can not be assigned to a declared number type with value 71. |
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not numbered |
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071 |
penal code |
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040 |
offences against the dead |
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002 |
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text sheet |
4 |
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recto |
f1 / f2 / f3 / f4 |
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jeremy bentham |
[[watermarks::s. lay [britannia with shield emblem]]] |
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alexander mavrokordatos |
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23443 |
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