JB/100/198/004

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28 Compensation.

of the Judges according to that general rule a more particular rule would soon be drawn. They Suppose
have given for example for instance in two or three instances such
sums as appeared to amount to two years income
of the Plff. Hence a disposition would arise in succeeding
Judges to conform to such a rule, and in the
public at large to expect it should be conformed to,
as that if a man committed adultery with the wife
of another man, and the adulterer had wherewithal
to pay it, a husband to whom this should happen thus injured might
make sure of gaining two years income.

2d Where it may be [not enough] less.
On the other hand If the obligation to make amends be the only
punishment, and the quantum be fixed [although with
what degree of accuracy soever] to an average as before
how justly accurately soever the average be taken, and that
as before, although it be with reference to the circumstances of the party injured,
the punishment as in many instances it must fail
of answering the purpose of prevention so small
is [that] of prevention compensation likewise. Suppose as in the former case
that the quantum of it to be fixed to two years income
of the party injured. [as in the former cases] this would
in other words be declaring that the favours of any
man's wife were should be purchasable at that price
by any one who could gain her consent. By such an
arrangement the exclusive property which it is the design of
marriage to give to a husband in the favours affections of his
wife would in effect be given to men (and that but precariously

Identifier: | JB/100/198/004 "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	198	Info in main headings field	compensation
Image	004	Titles	note
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f25 / f26 / f27 / f28
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	32214
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