JB/071/014/002

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2 C Of Extenuations - Reasons Quest. II

Why in case of a total want of intention
unaccompanied by headlessness, the author of
a hurt is made liable to compensation

Reasons.

1. Because the being made making him liable to compensation
(so the quantum of it be suited to his
circumstances) can produce no mischief upon
the whole. and may possibly be not inefficacious. A damage must be sustained at
any rate: the question is by whom it shall
be born. If born (any of it) by the author, person who occasioned it he
is innocent, it is true: but the if born (the whole of it) by
you to whom it was occasioned, you are at least altogether
as innocent as he. There is therefore no reason
good more reason why you the you should bear
it than why he should bear it: there is as
good much reason why he should bear it as
why you should bear it. And there is this
further reason. Although it the supposition is
that there was not the least degree either of intentionality
or of heedlessness, yet there are
facts which it is scarce possible to be absolutely
sure of: insomuch that by keeping hanging
some small share of the suffering over the
head of him who is in a way of occasioning
it, there is some small chance gained of preventing it, however
small; ( and that without expence ). See Tit [ Compensation] Sect. 2. of preventing it.

Identifier: | JB/071/014/002 "JB/" can not be assigned to a declared number type with value 71.
Date_1		Marginal Summary Numbering
Box	071	Main Headings	penal code
Folio number	014	Info in main headings field	of extenuations - reasons
Image	002	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f1 / f2 / f3 / f4
Penner	jeremy bentham	Watermarks	[[watermarks::s. lay [britannia with shield emblem]]]
Marginals		Paper Producer	alexander mavrokordatos
Corrections		Paper Produced in Year
Notes public		ID Number	23417
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