JB/067/335/001

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1826. July 23
Penal Code
Ch. Damnification Simple or say Malitious

Note the relation between damnification simple and
damnification lucrative.

Damnification simple may be taken for its subject a ground for
of indemnification and punishment where intentional as to the result, and having
ill will for its motive. It the The result is then what is called
malitious mischief say more property malitiously produced
mischief.

Damnification lucrative viz to the damnifier or
connection of his, can not with even a propriety or use
to take for punishment or indemnification, unless the in
the production of the result unfair practice be employed.
For to this result tends all competition among traders: and
thence in a word all trade.

As to what is to be understood by unfair practice in trade
see B.1. Ch. Instruments of delinquency

By burthen of compensation responsibility compensative and by compensative burthen
and punishment applied to damnification simple or say
malitious net mischief to the community is produced; not so
by damnification lucrative or say self-lucrative.

Simple may stand opposed to lucrative.

Malitious can scarcely be regarded as co extensive in its import will covering the whole
of the mischief: scarcely will wanton or any be regarded
as included under it.

For wa For repression of wanton damnification
burthen of compensation may generally commonly suffice: not so for repression
of malitious damnification when malitious.

In case of damnification where purposed and plainly
illegal, lucrative as ever may be considered as an aggravation: i.e. as producing a demand for extra-punishment.

Identifier: | JB/067/335/001 "JB/" can not be assigned to a declared number type with value 67.
Date_1	1826-07-23	Marginal Summary Numbering	not numbered
Box	067	Main Headings	penal code
Folio number	335	Info in main headings field	penal code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals	george bentham	Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	22168
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