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1828 April 30
Law Amendments or Penal Code
To determine the question upon adequate grounds, as in the case
of punishment so as on them it will be necessary to travel over the
which field of legislation: and to include not only the cause on
which the demand is of inculpation including a criminative nature
but also the case in which it is of a non- nature.
Offences affecting person, property, power, condition in life
with the classes of offence composed out of them. With reference
to each, to distinction between purely private, public and semi-public.
Whatsoever be the quarter in which the man
is affected by the wrong, be it person, property, power, reputation
or condition in life, thus much is certain, that, according
to a former maxim, no wrong doer should
be seen continuing to reap any part of the profit
of the wrong; but that all such profit should be taken
from him by the means of equivalent punishment.
But if this is just in the case of a burthen
which, as in the case of punishment, is not productive
of enjoyment in any immediate shape to
any person, still more clearly must it be so in
the case of a burthen which, as in the case of satisfaction
and therein of pecuniary compensation, can
not be productive of suffering to one man, without
being productive of enjoyment to another.
The only reason that can be given for the
suff remittance of the suffering to the wrong doer
is in this case the disappointment that would
be produced by the obligation to yield a the satisfaction –
say, to pay the compensation money. But, on
the other hand, generally speaking, and from aught
that appears, in the opposite state of things a correspondent
disappointment, and with it a correspondent
suffering, is experienced by the party wronged.
Here
Identifier: | JB/067/102/001 "JB/" can not be assigned to a declared number type with value 67.
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1828-04-30 |
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067 |
law amendment; penal code |
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102 |
law amendment or penal code |
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001 |
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text sheet |
1 |
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recto |
e3 |
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jeremy bentham; john flowerdew colls |
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21935 |
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