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called damages. "Damages" for shortness instead of saying that which is given in compensation for the damages sustained. When it was to go to a public fund
they considered that it was might be a pain to
part with it, and they called that pain a punishment.
When it was to go to the person who had
been a sufferer by the injury, no such description
seems to have entered into their heads minds thoughts.

Whether then in the way of peso compensation a man had suffered enough to another
the purpose of punishment they never condescended
to inquire; if they though proper he should be punished
at all, they were for punishing making him
suffer the whole over again just as if what he
had suffer'd under the name of compensation had
been nothing.

Notwithstanding this choice any thing which Whatever then a man might have
suffered by been made to pay to the a party
really injured in compensation for the injury done to the
party injured, he was to pay notwithstanding under the name of
a penalty, (for the purpose of the example) another sum
to the a fund called the King's fund, in compensation
for the imaginary injury done to the King.

For in the first ages of our Jurisprudence the ideas of men on matters of punishment, even
in other punishments as well as pecuniary, could scarcely
went farther than compensation. The effect of consoling
the suffering individual was the primary object of their attention
and endeavours: The Off public and preventive effects
and when no real individual sufferer could be
found that is no one person who could be found
to suffer more than another as is the case with all offences that are properly said to be of a public nature, th sooner than quit
that principle, they supposed one.

Identifier: | JB/159/264/002
"JB/" can not be assigned to a declared number type with value 159.


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crit. jur. crim




punishment / compensation / prevention little consider'd formerly / history / compensation - in what way serviceable


text sheet

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d105 / d106 / d107 / d108


jeremy bentham


[[watermarks::[gr with crown] propatria [britannia motif]]]


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