JB/035/158/001

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25 May 1808

If for the purpose function in question viz. fixation of quantity, for the
purpose in question, viz. affording satisfaction as for wrong,
If If for the function in question on the score of sympathy or any other, the the degree of aptitude
of those inexperienced for this functi were, on the
part of those inexperienced and and unaccountable irresponsible, so much superior so superior,
in comparison reference being had with an experienced and responsible
Judge or bench of Judges, and the benefit to justice
proportionably considered, regard to justice would
under the guidance of analogy and in pain of inconsistency, require the giving extension
to this same benefit I mean always in Scotland in another direction quarter, to which
it has never yet been extended by in English justice.

In the administration of satisfaction, in so far as
the matter of satisfaction, by coming in the shape of
loss out of the pocket of the individual at those charge it
is administered, imposes on him a burthensome obligation –
afflicts him with the painful sensation produced by loss –
punishment is in effect inflicted. In this case,
by who whomsoever the quantum of the matter of satisfaction receivable
to be administered in this shape is fixed, the quantum of the matter of
punishment to be imposed inflicted in this shape, is at the same
time fixed. The punishment being inseparable from
the satisfaction the affliction on the one side from the enjoyment
on the other, a man can not be well qualified
for the fixation of the satisfaction in this shape, unless
he be at the same time well qualified for the fixation
of punishment in the correspondent shape.

If in so superior a degree a Juryman be well qualified
for determining what degree of enjoyment will in the
breast of an individual of a certain rank be produced by the
receipt of a certain sum of money, he will not in any an inferior
degree be well qualified for determining what degree of suffering
will be produced in the breast of an individual of that same rank
by the forced disbursement of that same sum of money.

Identifier: | JB/035/158/001 "JB/" can not be assigned to a declared number type with value 35.
Date_1	1808-05-25	Marginal Summary Numbering
Box	035	Main Headings	constitutional code; evidence; procedure code
Folio number	158	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e8
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	10751
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