JB/068/326/001

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1826. Augt Septr 6.
Penal Code.
2.
Ch. XII. Remedies
§. II Punishment. Limitation on the
side of deficiency

4
In English practice
maximisation of lawyer's profit
being the object no arrangements
are made for the
extraction of delinquents;
profit. Consequently the
suffering imposed either punitional
or compensational is in
almost universally deficient
or excessive. But
deficiency — the result of
design is more common
than excess the result of
accident. Jury have
neither time nor powers
for forming a correct estimate.
What they have
is love of justice but nothing
to moderate it

Turn to English practice — How stands the matter
there? Maximization of Lawyer's profit being the ultimate
object, maximization consequently not minimization
of the number of profit-yielding
suits the intermediate object, no such idea as
that of making arrangements for the extraction
of delinquents profit can ever have presented
itself, unless it be in the character of an evil to
be avoided. Consequence, the quantum of the
burthen imposed on the wrongdoer on whichever
score, whether that of compensation or that of
punishment, is in almost every case either
in deficiency or in excess — Most commonly,
not in excess, but in deficiency: proportioned
to the deficiency, being the encouragement left
to future profit-yielding wrongs. Excess, therefore,
in the few cases in which it happens, Is the result
of accident: deficiency, of design. When
excess takes place, it is the work of the Jury, the
wrong having been in the mode of prosecution
chosen, treated as a civil one, the burthen upon
the wronger, consequently, in the shape of compensation,
the quantum of it fixed by the Jury
under the name of damages. For excess, the
nature of the Judicatory and mode of procedure
in this case affords room: for a correct estimate,
never: only by investigating procedure can in
this case ground for anything like a correct estimate
be traced out: and for this, the Jury has
neither time nor powers.

That

Identifier: | JB/068/326/001 "JB/" can not be assigned to a declared number type with value 68.
Date_1	1826-09-06	Marginal Summary Numbering	4
Box	068	Main Headings	penal code
Folio number	326	Info in main headings field	penal code
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c2
Penner	john flowerdew colls	Watermarks	j whatman turkey mill 1824
Marginals	george bentham	Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	22521
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