JB/100/197/003

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23

Compensation

never be adjusted with such accuracy to [the force of] the
motives that prompt men to delinquency, as that it can
[in any instance] be certain that a greater penalty would
not be more effectual than a less: so that whatever
be the quantity of punishment which were it to be all so real
expence much clear loss to the community might be thought
sufficient, a still greater [when since it can be laid
on without such loss] is not by any means thrown
away nor even disposed of without advantage.

There is however another consideration which
when the damage [sustained] is in a great ratio bears a great proportion
to the circumstances of the parties (those circumstances
being still supposed equal before the damage,)
is worth attending to. This is, that though
at [the instant before it] the happening of the damage their
circumstances were equal, yet as soon as any part
of the money necessary to repair it has been disbursed
that quantity is destroy'd they are become unequal: the circumstances of him who
has disbursed it are now become inferior to those of the other.
On this account he being more sensible to the the same sum bearing a greater
ratio to his circumstances than to those of his competitor loss of the same sum than his competitor, he will
suffer more from losing it than his competitor would:
so that now the supposition on which the argum reasons for throwing
the whole burthen of the damage upon him the former were
grounded, is not strictly true. This inequality we see
takes place in strictness as soon as this very first farthing
is

Identifier: | JB/100/197/003 "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	197	Info in main headings field	compensation
Image	003	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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