JB/098/049/004

Click Here To Edit

28.
C
Of Compensation

likely to be the better for what he receives on that score.

3. 3. It would lessen the efficacy of the Punishment.
It removes a considerable article in the account of the Forces
that tend to restrain men from engaging in offences. It is a mortification
to the offender to think that his punishment will turn to
the benefit of his adversary, the party injured. It is another mortification
to the offender to think that if his adversary should
no longer be in a condition to reap such benefit himself it will
however be enjoyed by those who are most dear to him, and whose
happiness is his happiness. The exempting the offender from
this mortification is pro tanto an encouragement. Now then at
any rate the offender has some prospect, and if the party injured
be old or in bad health, a near prospect, of seeing himself
exempted from this mortification.

4. 4. It might give the offender a chance of total impunity.
This then would be an inconvenience, even supposing
the whole amount of what would be exacted on the account of
compensation were in case of the party's death to be exacted on
the account of punishment. But in practice this is perhaps
no where hitherto the case; in many cases if a Sum so due be not
exacted on the account of compensation it is not exacted at all;
so much of the punishment sinks altogether. The guilty person
is pro tanto appointed successor to the innocent party who
had

Identifier: | JB/098/049/004 "JB/" can not be assigned to a declared number type with value 98.
Date_1		Marginal Summary Numbering	1-2, 1
Box	098	Main Headings	penal code
Folio number	049	Info in main headings field	of compensation
Image	004	Titles
Category	copy/fair copy sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f25 / f26 / f27 / f28
Penner		Watermarks	[[watermarks::s. lay [britannia with shield emblem]]]
Marginals		Paper Producer	alexander mavrokordatos
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	31657
Box Contents