xml:lang="en" lang="en" dir="ltr">

Transcribe Bentham: A Collaborative Initiative

From Transcribe Bentham: Transcription Desk

Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts

JB/100/197/001

Jump to: navigation, search
Completed

Click Here To Edit

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

Box Contents

UCL Home » Transcribe Bentham » Transcription Desk