JB/096/168/001

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PUNISHMENT END. Favour to the Innocent, as Such, reprobated. [viz. at the criminal's expence.] 2

The demand for Compensation and the principles by which it is governed is the same here in matters criminal as when in civil, when the distributive is violated in a manner comparatively innocent. That all men should be indifferent to the Legislator
intendently to the consideration of demerit
will be readily enough assented to by most men.
The difficulty will be to persuade them, prove to them
that this is still the case, after an inequality
in that particular: and that the happiness of
a Criminal should be holden in the same aestimation
as an equal quantity of happiness in of
one that's innocent

Prejudice & stubborn Nature must give way before this doctrine be is can be embraced Yet this is a necessary consequence of the banishing
the principle of vengance, & adhering exclusively
to that of utility.

If it directs the punishing of guilt it is not for the sake of introducing a clear punishment on the guilty object,
but merely by the introduction of a less quantity
of mischief to expel a greater.

It regards above all things the domination of the
sum total of misery at whatsoever rate: nor will
at any rate — admitt a greater quantity into Society

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when a less can be received in stead.

This being the case, let us consider in what situation
of things, this preference to innocence can could
be given —

First, let suppose the quantity of suffering necessary for competent to
prevention not to be yet imposed & suffer'd — It is true,
that in this case one principle will dictate
that the choice that species of Punishment, which operates by
the transference of the material of enjoyment
from the offen to the injured:

But in by this choice there is nothing appears which shews that no preference is given to
the innocent as such, abstracted from the consideration
of the greatest possible quantity of happiness
among all together —

For 1st in the 1st place [at all events], a certain
quantity of happiness is to be taken away from
the delinquent: the question is, how it is to be
disposed of? [This can be but in] Now for this there are but 3 possible ways
1 It can may be annihilated, 2dly It may be transferred
to the innocent party injured who by the injury lost [had]
it or the value of it [before] 3dly To the same 3d person

PUNISHMENT: END — Compensation. Favour to inno- 2 [ ] cence not the reason for.

Identifier: | JB/096/168/001 "JB/" can not be assigned to a declared number type with value 96.
Date_1		Marginal Summary Numbering
Box	096	Main Headings	punishment
Folio number	168	Info in main headings field	punishment end compensation - favour to innocence not the reason for
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	f2
Penner	jeremy bentham	Watermarks	[[watermarks::[lion with vryheyt motif]]]
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	31172
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