JB/067/100/001

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1828 April 30
Law Amendment – or Penal Code

If on the ground of antiquation, exemption is applicable to the punitive remedy, so it is to the satisfactive; and
in particular to the compensative branch of the satisfactive.
By mutual difference however are those below the two cases.
1. One mutual difference is this. In the case of the punitive
the suffering produced being in itself so much not less poor if the case
be so that if it supposing it not administered no more suffering
would come from offences of the like case than if it was not administered,
it need not, nor ought it be administered, for as much
as no advantage would be gained by it.

Not so in the case of satisfactive and in particular
say compensation in a pecuniary shape. In this case
whatsoever the one loses (the relative pecuniary circumstances of the parties
being out of the question) the other gains, in whom so much it seems to follows is at last
follow, that it would little matter with which one of the two parties
the matter applicable to the purpose of satisfaction rule: on which supposition
the demand for satisfaction might be required as compleatly
on the one hand, is at full effect on the other.

Accordingly as on all occasions fixt quantities by any
many circumstances to the legislative bulk of legislator, so in particular in this.
1. They be together in the first place, next to his partner in particular
interest the Judge, no small trouble, of that trouble which would be
required for the looking out for circumstances by which the quality of time is denied
would be augmented or lessened.
2. Here then is the of decrees.
3. This then is the pleasure of exercising , by for
the nature of the case, can not it should seem but be in no small
degree arbitrary.

But in so far as the case is thus for repressing the repetition
of the maleficent act there is no remedy purely punitive, and that the
repression of task of repressing it is no remedy is employed but the satisfactive acting by
its unitive quality, in such case the consideration that so much as to
wrongee thereby suffers so much less will the wronger suffer, operates as
a reason for riding the
whole of the suffering on the
shoulders of the wronger.

Identifier: | JB/067/100/001 "JB/" can not be assigned to a declared number type with value 67.
Date_1	1828-04-30	Marginal Summary Numbering	1-2
Box	067	Main Headings	law amendment; penal code
Folio number	100	Info in main headings field	law amendment - or penal code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham	Watermarks	b&m 1828
Marginals	george bentham	Paper Producer	arthur moore; richard doane
Corrections		Paper Produced in Year	1828
Notes public		ID Number	21933
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