JB/067/313/001

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1826. May 10.
Penal Code

Relation as between damnification and usurpation or
theft.

The import of damnification is simple; et al of
usurpation and theft complex. In the case of damnification
there is loss, or say burthen and nothing
more. In the case of usurpation or theft, that
is loss, or say burden on the one side, profit, or
say benefit on the other, and the instrument of
both may be the same thing, which in one case is
annihilated or to wit by the , in the other case by the wronger is
preserved and transferred: By the wronger transferred
to himself from the wrongee.

Thus simple in the ordinary state of
things is the offence of damnification. It has its
origin, either in simple ill will, or negligence. For
the repression of it, it requires in general less repressive
force, the quantity of damage the same,
than theft does.

Reasons. Evil of the second order much less.
It has but one object, to wit, the party, by whom the
dissocial affection has been called forth: in the
case of theft, it has as many objects as there
are masses of property and proprietors that present themselves as
being with the grasp of the offender.

Note. Clandestinity shd make the same difference in the case
of damnification as in the case of theft. In theft it constitutes a difference
between that and usurpation, between the criminal and the evil
offence.

Identifier: | JB/067/313/001 "JB/" can not be assigned to a declared number type with value 67.
Date_1	1826-05-10	Marginal Summary Numbering	1-5
Box	067	Main Headings	penal code
Folio number	313	Info in main headings field	penal code
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	john neal	Watermarks
Marginals	george bentham	Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public	[[notes_public::"5 may / marginalized / not yet compleated" [note in bentham's hand]]]	ID Number	22146
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