JB/068/264/001

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1825 Feb. 26
Penal CodeB.1. General Titles
Ch. VI. Offences against Trust

Of the class thus established under the name of Offences
against trust one main use is – to obviate an error with
which by the principle of sentimentalism otherwise called the
principle of sympathy and antipathy the legislator
might be liable to be betrayed. By the prospect view of a
wrong committed in breach of trust the sentiment of antipathy
is generally of antipathy of which the wrongdoer
is the object – and thence the punitive force of the Public Opinion Tribunal brought to bear pointed against him is very generally excited. Moreover happy
is it for security that it is so: so adequa inadequate
to the repression of wrong is the form of the legal sanction
were made the least scanty and sinister direction which
were under the as yet it has anywhere received.

Considerably extensive is the case in which
as in the case of falshood, but for this adjunct in question
a detriment in the one part, accompanied with benefit in the other would
not wear the character of injury. Thus in the
case of commercial competition, benefit derived by a on the part of a
trustee to the the act of deriving benefit to himself from an act productive of detriment of his beneficiendiary is a wrong:
put out of the case take away the trust, the wrong vanishes: of the
two competitors, each one has the same right to profit
at the expence of the other, as the other has at his expence.
So far from its being a case meant for punishment being
productive of general injury, competition among dealers is a remedy,
the only and that a sovereign remedy against extortion
on the part of all to the detriment of customers and consumers.

Identifier: | JB/068/264/001 "JB/" can not be assigned to a declared number type with value 68.
Date_1	1825-02-26	Marginal Summary Numbering	not numbered
Box	068	Main Headings	penal code
Folio number	264	Info in main headings field	penal code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d2 / e2
Penner	jeremy bentham	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	22459
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