JB/042/424/001

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1828 May 24
Constitutional Code

Ch. XII Judiciary collectively
(2 §.20. Eventually emendative
function
Addendum

Enactive

But this inhibition as to the infliction of retroactive
punishment should does not extend to the abstraction
of the all the profit from the maleficent act

Ratiocinative

The profit Correspondent to and concomitant with the profit
to the maleficent agent will be from the maleficent act, will
be less on any pain of privation or suffering in some other
shape to some one else. The consequence is that by forbearing
to produce suffering on the part of this maleficent
agent, suffering and probably to a greater amount would
be produced on the part of some person to whom no maleficence
is so much as impatient: and thus by forbearance
to produce on the part of the maleficent agent the suffering attendant
on the obligation to disgorge the profit, no real saving
of suffering would be produced.

In so far as from the maleficent act in question
damage to an individual is produced the provision thus
made for the extraction of the profit of the maleficent act
for the purpose of transferring such profit to the party wronged
is in other words a provision ordaining compensation
to be pro tanto made: accordingly in this case, for the reason
just assigned making of compensation ought to be ordained.

In a word though in such a case application
will not be to be made of the punitive remedy, yet application
will be to be made of the satisfaction — and the only in therein in so far as the nature
of the case admitts of the compensative remedy.

But

Identifier: | JB/042/424/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1828-05-24	Marginal Summary Numbering
Box	042	Main Headings	constitutional code
Folio number	424	Info in main headings field	constitutional code
Image	001	Titles	enactive / ratiocinative
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	13347
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