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Updated: June 10, 2025
This happy thought was considered to get rid of the whole difficulty, and to legitimate the infliction of punishment, in virtue of another received maxim of justice, volenti non fit injuria; that is not unjust which is done with the consent of the person who is supposed to be hurt by it.
On what principle, then, is the line drawn, so as to specify certain injuries which the State may prohibit and to mark off others which it must leave untouched? Well, it may be said, volenti non fit injuria. No wrong is done to a man by a bargain to which he is a willing party. That may be, though there are doubtful cases.
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