JB/087/132/004

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4

Indirect Legislation

Mischief

-mogeneous: in the latter case, it is seldom that it susceptible
of any other amends than what is of a
different kind, or as it may be termed heterogeneous.
Be it of what kind f it will, for lessening
the quantity of mischief (I mean here of suffering
produced by a given offence) there are two expedients.
The one is to throw the burthen upon the
offender: the other is to lay it upon some person
or persons [in who though indeed are innocent are but]
who are better able to bear it than in whom the same course would produce a smaller measure of suffering than on
him on whom
it f attaches in the first instance: in t or as
it is common to say who are better able than he
to bear it. The first expedient is [commonly] within certain limits
the most oeconomical of the two. For where there
is an offense committed and a mischief which is
the result of it there is commonly almost always a demand for
punishment, and that commonly to an extent amount
[greater than what is] at least equal to any thing that can be occasioned by the obligation
of doing what is may be requisite in order to the makeing compensation
for the mischief. Through Throw then the burthen of compensation
upon the delinquent and there is but
one lot of suffering in the case, and that borne by
him who must at any rate be made to suffer
for another purpose; throw it or let it rest upon any other person
and there are two lots of suffering where one might
[be made to] serve.

Identifier: | JB/087/132/004 "JB/" can not be assigned to a declared number type with value 87.
Date_1		Marginal Summary Numbering
Box	087	Main Headings	indirect legislation
Folio number	132	Info in main headings field	indirect legislation
Image	004	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f1 / f2 / f3 / f4
Penner	jeremy bentham	Watermarks	[[watermarks::r williams [britannia with shield emblem]]]
Marginals		Paper Producer	c. hamilton
Corrections		Paper Produced in Year
Notes public		ID Number	27657
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