JB/068/345/002

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1823 Nov. 2
Penal Code † Ch XII Remedies
Punishment
Quantum
In case of personal injury
where pecuniary circumstances
are unequal
quantum necessary for
punishment to suffice
for compensation

Thus it appears that, in case of injury, where pecuniary
circumstances are to a certain degree unequal,
compensation should be put aside, & in the adjustment
of the quantum of the imposed less punishment & what
alone is proper on that score is sufficient: whatsoever
is regarded as proper on the score of punishment: i.e.
to the purpose of fulfilling in so far as they can be fulfilled
the ends of punishment, that if no more is what
ought to be given to the party injured on the score of
compensation.

Obscure that there
be not a secret and opulent
prime within
to set on the poor & actual
wrongdoer

Note that on this occasion a subject of consideration
which ought always to be kept in view is — whether
behind the curtain there exists not some secret prime
author of the injury some opulent individual or set of
individuals by whom the man of narrow pecuniary
circumstances is set on, or supported.

Compensation for injury
different from that for
breach of contract In
the latter case no inequality
of circumstances
can influence the sum
to be paid

In regard to the quantum of compensation
this case of injury stands in point of principle upon
a footing quite distinct from that of contract: if on the
score of indigence on one part, & affluence on the other
any abatement were made from the sum due by contract,
all contracts would be at an end.

Identifier: | JB/068/345/002 "JB/" can not be assigned to a declared number type with value 68.
Date_1	1823-11-02	Marginal Summary Numbering	not numbered
Box	068	Main Headings	penal code
Folio number	345	Info in main headings field	penal code
Image	002	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d2 / e2
Penner	richard doane	Watermarks	j whatman turkey mill 1822
Marginals	george bentham	Paper Producer	jonathan blenman
Corrections	jeremy bentham	Paper Produced in Year	1822
Notes public		ID Number	22540
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