JB/100/196/003

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19

Compensation

to any man to make the attempt. To outweigh
this chance, there must always be something over and
above⊞ ⊞ what [is requisite for] compensation [demands] compensation something in the way of punishment to answer the purpose of prevention, or
the law will be ineffectual.[a]

NOTE.

[a] (What is here observed) This may be thought at first sight to
be contradicted by the whole tenor of the Law respecting such
invasions of property as are commonly ranked under the
denomination of civil injuries. How comes it, it will
be said, that this branch of the Law answers its purpose
in to the degree we see it does? for since all that it this
professes to give is Compensation only and not Punishment.
The reply is, that the purpose of Punishment
is answered in the first place by Costs of suit: at any rate the offenders
own costs; commonly those of the party injured; in the
next place by inducements arising out of the Moral and Religious Sanctions.

In lucrative injuries then (if such we may be permitted
to call those that bring a profit to the offender,
the Punishment that is requisite for the purpose of Compensation,
cannot be more than what is requisite for
that of Prevention. No objection therefore to a full and adequate
compensation can arise. The case of unlucrative
injuries offences stands upon another a different footing.

In this case whether a man ought or ought not to be punished
to the full extent of what is necessary for the purpose of Prevention,
or even beyond that extent will depend upon
the circumstances of the parties. It will appear that If the circumstances
of the offender are much less opulent inferior than those of the
party injured, it will appear that he ought not to be punished so far much as
to

Identifier: | JB/100/196/003 "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	003	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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