Principles of the Law of Consent With Special Reference to Criminal Law Includi
Principles of the Law of Consent With Special Reference to Criminal Law Includi
Hukm Chand
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He said, 11 "I hold that where a man is not physically constrained, where he can at his option do a thing or not, and he does it, the maxim applies. What is volens? willing; and a man is willing when he wills to do a thing and does it. No doubt a man, popularly speaking, is said to do a thing unwillingly, with no good will, but if he does it, no matter what his dislike is, he prefers doing it to leaving it alone. He wills to do it. He does not will not to do it. I suppose nolens is the opposite... of volens, its negative. There are two men, one refuses to do work, wills not to do it; and does not do it. The other grumbles, but wills to do it, and does it. Are both men nolentes, unwilling ? Suppose an extra shilling induced the man who did the work. Is he nolens, or has the shilling made him volens? There seems to be a strange notion, either that a man who does a thing and grumbles is nolens, is unwilling, has not the will to do it, or that there is something intermediate between nolens and volens, something like a man being without a will, and yet who wills.
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