JB/100/197/001

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21

Compensation.

must be born by somebody. Shall it be born by the Brother
of the proprietor of the thing in question, or by
him who occasioned was the occasion (the author we will ca him of)
the damage? Now then, lay the benefit of Prevention out
of the question, and the reasons on the one side and on the
other seem to hang in equilibrio. He on which of
themselves the burthen falls must suffer. Pro tanto Through him the
community in general must suffer be a sufferer. But what it
suffers by in the suffering of one of them, will be neither
more nor less than what it would suffer suffers by the suffering
of the other. It is a matter of indifference then which
of them is made to bear it. This being the case, if
we add the consideration of prevention, and the benefit reasons
of for through throwing the burthen on the author of the
damage will preponderate. For whatever pain he is made
to suffer may at least by possibility have the good effect of preventing
others in the like situation from doing the act
by which the mischief was occasioned: whereas whatever
pain the proprietor so is made to suffer can have no
good effect at all.

This reasoning will hold good not only in the case
of wilful damage, but in that of negligence: whether the
danger happen'd negligence consisted in the doing of any act
which occasioned the damage, or in the not taking of any
such care as it is for the interest of the community to
exact of him oblige him to take to prevent it. The setting of the cases in
which

Identifier: | JB/100/197/001 "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	197	Info in main headings field	compensation
Image	001	Titles	note
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f21 / f22 / f23 / f24
Penner	jeremy bentham	Watermarks	[[watermarks::v g [sic] propatria [britannia motif]]]
Marginals	jeremy bentham	Paper Producer	caroline vernon
Corrections		Paper Produced in Year
Notes public		ID Number	32213
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