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13
Compensation
Lucrative Compensation the
effect concomitant
only of only
one sort of Punishment
Compensation of the vindictive kind whether it be
taken for this end or no is always the one effect of
punishment, the producing yielding a compensation of the vindictive kind with reference to those who suffer from
the offence is whether it be the end or no, is always
one effect of punishment, so as they do but know of
it: and thus of whatever kind be the punishment.
This is not the case with lucrative compensation. The
only kind of punishment which can yield it is but
one out of a multitude: to wit pecuniary,
or one that has the
effect of pecuniary. Whether Even this can yield it, depends
upon the circumstances of the criminaloffender. The sphere
of lucrative compensation is therefore much more contracted
than that of vindictive.
— Nor necessarily
of that
When Although the punishment is be pecuniary, and the circumstances
of the offender [are] be favourable, even [there] in this case the
punishment does yields it not of course. Indeed It is strictly speaking
never the punishment itself that yields it, but another
operation. By the [pecuniary] punishment some article or thing
of value is taken awayfrom the offender. But when taken away,
it is not necessary that it should be given to any one: it may be render'd common or destroy'd. It is by
a separate operation of Law that it is given to another.
When it is this other that is one who has been a sufferer by the offence
it is then said to be given in compensation.
Whether full Compensation
be proper
in all cases.
Punishment then does not it is plain does not
necessarily suppose a compensation of the lucrative kind,
which is that alone we shall henceforward have in view in speaking
of Compensation. But Compensationwhen made at the expence of one who is unwilling to yield it does necessarily suppose
Identifier: | JB/100/195/001 "JB/" can not be assigned to a declared number type with value 100.
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not numbered |
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100 |
punishment |
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195 |
compensation |
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001 |
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text sheet |
4 |
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recto |
f13 / f14 / f15 / f16 |
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jeremy bentham |
[[watermarks::v g [sic] propatria [britannia motif]]] |
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caroline vernon |
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32211 |
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