JB/068/349/002

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1826. Augt.
Penal Code
Ch. Remedies
§. Punishment.

Add to the considerations tending to limit punishment
on the side of diminution:

That which the party wronged might be induced to
acceptance adequate compensation will not be always
sufficient for punishment. If it were an evil-doer might
single out for his intended victim persons of a particularly gentle character
but if so it may be asked where is the harm, for by the
supposition in the eyes of him who on this side of the case is
the least likely to undervalue it the compensation received
is adequate, it were true but punishment for prevention by the fear of which the like offence is
of the like wrong to be prevented on the part of others requires remains to be provided
for. A compensation the burden of its which by its operation is may
be sufficient by its operation in the case of the gentle tempered
man, may not afford a sufficient promise of being so in
the case of an average man: in which case is there be a
number of men alike exposed to the temptation of committing
the offence, some of them, their calculations respecting
punishment being determined by what they see done in the
case of the gentle tempered man will with the punishment
fully in view commit the offence.

That which the party wronged may accept as an adequate
compensation, being so given by exacted as punishment from the evildoer may
often replace him only in the state in which he was before
he committed the offence. If so by the calculation of the cases
where he will not be detected he will find that upon the
whole he will may gain by the repeated commission of the
offence in question, and that he can never lose.

Identifier: | JB/068/349/002 "JB/" can not be assigned to a declared number type with value 68.
Date_1	1826-08	Marginal Summary Numbering
Box	068	Main Headings	penal code
Folio number	349	Info in main headings field	penal code
Image	002	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering
Penner	george bentham	Watermarks	j whatman turkey mill 1824
Marginals		Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1824
Notes public		ID Number	22544
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