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108)
CRIT. JUR. CRIM.
Compensation – what foundation there is for it whereby
In what manner compensation is founded in utility.
Wherein lies consists the utility advantages of (obliging the author of an
injury to make) compensation.
On what account it is of use to oblige the author
of an injury to make compensation.
It has been always usual hitherto to speak of prevention
and compensation as distinct and independent ends of Jurisprudence.
The latter has been deemed seems to have been looked upon
as equally independent of the former as that is of
the latter. No one ever thought of asking why
for what reason, is mischief to be prevented. As to
be Equally impracticable and unnecessary may it be thought to give a reason why
the sufferer should receive a compensation. Upon the
principle however it is by no means either unnecessary
or impracticable. Not unnecessary because
at first view it may seem scarcely remarkable
to that principle utility.
(It is) not impracticable, because it will however appear to be strictly remarkable to it that principle upon a stricter examination.
There is a certain quantity of mischief unavoidably introduced into
the community: this quantity howsoever it may be
made to change hands, must be borne at last by somebody.
The question is by whom it shall ultimately be borne.
As the case stands of it lies upon S the sufferer.
The question is then, for what purpose take it the mischief off from
S, and place it upon . What is there to be gained
by this to the community? At first it should seem
nothing. quantity of unhappiness that will
be borne . both cases the same. To the
community
Identifier: | JB/159/264/004 "JB/" can not be assigned to a declared number type with value 159.
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159 |
punishment |
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264 |
crit. jur. crim |
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004 |
punishment / compensation / prevention little consider'd formerly / history / compensation - in what way serviceable |
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text sheet |
4 |
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recto |
d105 / d106 / d107 / d108 |
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jeremy bentham |
[[watermarks::[gr with crown] propatria [britannia motif]]] |
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54087 |
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