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JB/068/302/001

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1826. April 16
Penal Code. Ch. Means of Repression
§. 1. Compensation Rules for the Judge

Art. 17. Pecuniary Circumstances equal. Case 1. Wrongdoer, one: Wrongee, one. pecuniary
circumstances equal.
Enough being all adjudged for
punishment, thence for determent and this being supposed certain nothing in
addition to this should be adjudged for compensation: for pecuniary
circumstances equal and the sum the same, the
suffering by loss is greater than the enjoyment by
gain. But, lest by miscalculation on the one hand the wrongdoer should
be left in possession of any part of the profit of the offence
on the other hand the sum adjudged on this supposition which
fail of amounting to an adequate compensation, the Judge is
on those considerations at liberty to make add to the former a
sum not exceeding one half of it.

Art. 18. Case 2. Wrongees, eleven, Wrongdoer one pecuniary circumstances
equal. The sum imposed on the wrongdoer under
the name of punishment will now be divided among the wrongees,
to wit with the optional addition as above.

Art. 19. Case 3. Wrongdoers divers. Wrongees
divers as before, pecuniary circumstances of each equal to those of the wrongdoer. Here amongst them all, enough will be
to be levied in equal portions for compensation. If anyone's
share in the burthen is not in his instance sufficient
for punishment, punishment in this or some other form
must be added. But, bating the comparative cases extraordinary case, where in
which punishment in some more afflictive form is deemed
necessary, as for instance simple imprisonment to be imprisonment
with forced labour or banishment with do pecuniary as regarded
as necessary for deterrence, pecuniary is the best most apt form
in which punishment can have place. But if adjudged on the
whole

Art. In all cases, compensation is entitled to precedence
over punishment. Burthen of Compensation answers as far as it goes
the purposes of punishment. Punishment does not answer the
purpose of compensation, except in a small degree to wit by affording
vindictive satisfaction in a vindictive shape, and that
degree is less and less in proportion as the temper of the wrongee
is more and more distinguished by benevolence.


Identifier: | JB/068/302/001
"JB/" can not be assigned to a declared number type with value 68.

Date_1

1826-04-16

Marginal Summary Numbering

17-19

Box

068

Main Headings

penal code

Folio number

302

Info in main headings field

penal code

Image

001

Titles

Category

text sheet

Number of Pages

1

Recto/Verso

recto

Page Numbering

d5 / e5

Penner

jeremy bentham

Watermarks

Marginals

jeremy bentham

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

22497

Box Contents

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