JB/068/280/001

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1827 June 5
Penal or Civil Code Ch. Offences affectg Trust

Demand for satisfaction and punishment lessened by trustship
where the trust fund is large.

As to intended benefitees considered purely as such the offences being an
offence affecting property, no reason presents itself why either on the
score of punishment or on the score of satisfaction an offence committed
by a stranger should be dealt with in a way differing in any
respect from that in which it would be dealt with were the
person party affected by the loss a party possessing the subject matter in
question in his own account.

For any difference The sole cause of demand consists in the magnitude
to which a trust fund is capable of swelling comparison had
with the greatest fund ever found or likely to be had found in the
possession of a single individual.

England for example may be seen in the hands of this
or that Joint Stock company masses of property larger than the
aggregate mass of the whole community in the case of many a
political state.

First then in regard to punishment. From loss by depredation
to a given amount say £10 evil of the first order loss = in
truth so much much less as to be impalpable insensible = 0
evil of the 2d order though not loss in the same proportion, still
at any rate loss, of the mode of depredation be of a sort to which
individuals at large are not so not stand exposed from the operation of the
same cause.

Next in regard to satisfaction. Under the head of remedies
and the subhead of satisfaction, it has been seen it will be seen that
when the promotion in the pecuniary shape the demand for punishment
has been satisfied, there is no sufficient reason for extracting from
a less opulent delinquent wronger money for the purpose of putting it in the
name of satisfaction into the pocket of the a more opulent wrongee.

Identifier: | JB/068/280/001 "JB/" can not be assigned to a declared number type with value 68.
Date_1	1827-06-05	Marginal Summary Numbering	not numbered
Box	068	Main Headings	civil code; penal code
Folio number	280	Info in main headings field	penal or civil code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1826
Marginals	george bentham	Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1826
Notes public		ID Number	22475
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