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JB/087/133/001

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5

Indirect Legislation

Mischief


Where this expedient can not be employ'd, as where
the offender has it not in his power to do what
is requisite to afford the sufferer a compensation;
or where it ceases to be of advantage, as where
the burthen of making compensation imparts a
greater quantity of suffering than ought to be borne inflicted
for the purpose of punishment, there remains the only method nothing
but either to let it rest upon the sufferer altogether
of there is no other way of lessening the ultimate sum of
or to suffering than by throwing the burthen
on some third party party party or persons who is innocent but who
are is better able to bear it than the person on whom
it fell in the first instance. Now in regard to a burthen of the pecuniary kind there are two circumstances
by which one person may be render'd
better able to bear it than another: one is the
being prepared for it by expectation: the other is
the having a greater fund for it to come out of. v. Ch. [Sensibility]
On the first of these circumstances depends the usefulness
of insurance when carried on although proposed undertaken by a person
no richer perhaps than the original sufferer: the
insurer having received his premium, consents to run the risk and prepares his mind accordingly:
on the latter depends the usefulness of a con-
-tribution

(a) It has In a fair bargain, as hath been very ingeniously observed by the Abbé de
Condillac, Le Commerce & le
gouvernement, considerés
relativement l'un a l'autre.
Amst. 1776 12mo. Ch. 1 & 4
each party is a gainer: each party by parting
with that which in his estimation is worth less, acquires
what in his estimation is worth more. If this were not the
case they would act each of them without a motive.





















Identifier: | JB/087/133/001
"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

133

Info in main headings field

indirect legislation

Image

001

Titles

note

Category

text sheet

Number of Pages

4

Recto/Verso

recto

Page Numbering

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

27658

Box Contents

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