JB/068/169/001

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1827 Sept. 1
Penal CodeCh. V. Instruments of Delinquency

But now competitors being under all other
circumstances left perfectly free, suppose interdiction put upon the employment the use of force and
fraud to the effect or purpose of giving to any one competitor
an advantage over every or any other. By such
an interdiction would any diminution be effected in the aggregate sum
of trade, or in the aggregate of the profit benefit made by the
person embarked in it? By no means. From such an
arrangement, no evil therefore would in any shape ensue.

But to warrant a penal or to any one a burthensome
enactment, it is not enough that it is not productive
of evil in any special shape. For taken by itself every
penal enactment is an evil. Wha is In this case as in every other for
affording a justification for such an enactment what in this
case as in every other is indispensable is – that pro
good in some determinate shape, and to a preponderant
amount, should shall be the result of it. Such then
is the result in the present case: in the exclusion of pain
of the sort of that which formed the for the avoidance of which the matter and foundation
of the Disappointment prevention principle may be
seen the preponderant good which it is the nature of the enactment in question
to have for its result.

For the all losses and failures of profit which are liable
to have place if no such instruments are employed
every man is compleatly prepared: moderate, if any, is on
each occasion the gr magnitude of the the pain of disappointment produced.

But for any such losses or failures liable to have place from
the use of either of those instruments no man is prepared:
no man at least any otherwise than as he is prepared for losses
by theft or robbery, theft or fraudulent obtainment. In case of falshood The
evil is therefore pretty exactly upon a par with the sort of evil which is made the
justificative cause for
the interdiction of the
offence styled Fraudulent
obtainment to or say
Defraudment or Fraudation.

Identifier: | JB/068/169/001 "JB/" can not be assigned to a declared number type with value 68.
Date_1	1827-09-01	Marginal Summary Numbering	3-6
Box	068	Main Headings	penal code
Folio number	169	Info in main headings field	penal code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c2 / e2
Penner	jeremy bentham	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	22364
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