JB/068/346/002

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1823 Nov. 2
Penal Code

Punishment
Quantum

Awards of compensation
to be contained in acct of
punishment. Compensation
to individual injured felt
far more severely than
to public at large

In the account of punishment the burden
of compensation should in every case be considered
as contained: not only is this burden the sum
being equal in both cases, operate with as much force
as punishment does, but where it is by any individual
that compensation is received with much greater
force: with much greater force than if it was to the
public that it was paid, if it were to the public, the
loss only would be felt, & nothing more: but where the
benefit correspondent to the loss, goes to the party
whom it has been his design to injure the suffering
produced by the loss is aggravated by the thought
that the loss is converted into a benefit, to the profit
of the man who is the object of his hate.

Cases where full compensation
far exceeds the
punishment which
wrong doer ought to
suffer Ex. Property of
wrongee £100,000 of
wronger £100 Injury
done £100

In many cases a loss as great as that which
would be necessary to afford full compensation may be
to a very great amount, more than the wrong doer ought
to be made to suffer on the score of punishment & therefore
more than he need or ought to be made to suffer on any
score. The state of things in which this case is realised is
that where the pecuniary circumstances of the party injured
are to a certain degree more affluent than those of the
party injuring. Property of the party insured suppose
100,000£: property of the injurer 100£: damages by injury
100£. Exact from the injurer 100£ he is reduced to beggary: leave
the party injured without compensation, his suffering is scarce sensible

Identifier: | JB/068/346/002 "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	346	Info in main headings field	penal code
Image	002	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1 / e1
Penner	richard doane	Watermarks
Marginals	george bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	22541
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