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1821. April 17. First Lines Penal Law.
Exacted at the expence of the evil doer misdoer, compensation necessitates
suffering: exacted in consideration of, and in proportion to, the evil
done by him, that suffering, by the whole amount of it, operates as punishment.
In the first place, Compensation for the party injured; in the next place, over
and above compensation, punishment for the benefit of the public —
punishment for appeasement of the wrath of the offended and exasperated wrathful
monarch — such is the arithmetic of tyranny. Punishment including,
the exaction to the profit of the monarch, the exaction of the
whole of that matter by which compensation to the individual injured
might have been afforded; after that, compensation or no compensation
to the individual injured.
Such is the order, the method of tyranny. Compensation
by one course of procedure; punishment by another and a different course of procedure; reformation, by health given to the soul by a third
and different course of procedure — such is the arithmetic of lawyercraft — confededrate partner and instrument of tyranny; of lawyercraft
in its most rapacious character, and elaborated part — the character
and goal of the English lawyer.
Compensation and satisfaction are synonymous. Of the
word compensation the psychological psychological import has its root in the
physical idea of weight: compensation is weight for weight: satisfaction
is giving enough for what has been suffered: enough of good for the
evil that has been suffered: in such sort that the weight of the goodevil
in the seale of enjoyment shall be equal to the weight of the evil
in the seale of suffering.
Identifier: | JB/037/027/001 "JB/" can not be assigned to a declared number type with value 37.
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first lines |
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copy/fair copy sheet |
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recto |
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john flowerdew colls |
c wilmott 1819 |
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andreas louriottis |
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1819 |
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11242 |
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