JB/100/196/002

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18

Compensation

in particular the person who is said to have it the title, to
entertain a stronger expectation that he will be protected in
the enjoyment of the thing in question than that any other
person will. It is plain then that the party damaged injured
would will suffer more by the not regaining the thing lost
than the offender would in not being permitted to retain
it.

Restitution then, which is the form that Compensation
takes when the value of the damage turns to the profit
of the offender, is not properly to be placed to the
account of Punishment. It is not the losing any thing:
it is simply the not gaining the thing in question, which is no more the case
of the offender than it is of any every other person in the
community. If a pain of disappointment be peculiarly
his on account of his mistaking of the Law, or expecting
to retain the thing in question in spite of despite the Law,
the pleasure of possession which he enjoyed before the
thing was taken recover'd from him may be set against that
pain.

So far then is it from being true simple Restitution even when adequate
case from ever inducing [in any case] induce more pain than is requisite
for the purpose of Prevention; that it never can induce
enough. If all that is to the worst that could happen to a man who attempts upon his
failing in an attempt upon another's property, is that were to be if
he fails he is but where he was, this would will be as good as
not protecting him [giving no Protection] at all. A man The chance however
small it were of succeeding would always be motive sufficient

Identifier: | JB/100/196/002 "JB/" can not be assigned to a declared number type with value 100.
Date_1		Marginal Summary Numbering	not numbered
Box	100	Main Headings	punishment
Folio number	196	Info in main headings field	compensation
Image	002	Titles	note
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f17 / f18 / f19 / f20
Penner	jeremy bentham	Watermarks	[[watermarks::l v g propatria [britannia motif]]]
Marginals	jeremy bentham	Paper Producer	caroline vernon
Corrections		Paper Produced in Year
Notes public		ID Number	32212
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