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109)
CRIT. JUR. CRIM.
community whether it fall upon A or upon S. is alike
indifferent. What the community suffers by the
suffering of A. is just the same and no more, as what
it suffers by the suffering of S. It does not suffer
more by the suffering of S, than it would by the
suffering of A. But on the other hand it would not
suffer more by the suffering of A, than it does by the
suffering of S. If then there can be any reason
hitherto unproduced that can be given why the community
should stand a chance though ever so small
an one of being suffering less by A's being made
to suffer, than by S, were left to suffer, that
small chance be it ever so small is sufficient
to turn the scale. Now Such a reason there happens as it happens
there is. to be. The calamity in question depends by the
supposition in some measure upon the act conduct of A,
it depends not in any degree shape upon the act of S.
Or let it even depend in some degree on the act of
S.: If it depends in a greater degree upon the
Act of A, the reason will equally hold good. (By
the supposition it does not appear that it was the
intention of A, to produce the mischief). Now this
mischief, it either does appear to have been the intention
of A, to produce, or it does not. (f it
does appear to have been his intention to produce
it) In the first case there is no difficulty: the utility of making the burthen of it
rest on his own shoulders it t case of it's being produced
is manifest. The fear of its so resting will
operate
Identifier: | JB/159/265/001 "JB/" can not be assigned to a declared number type with value 159.
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not numbered |
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159 |
punishment |
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265 |
crit. jur. crim |
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001 |
punishment / compensation / useful only as it contributes to prevention |
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text sheet |
4 |
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recto |
d109 / d110 / d111 / d112 |
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jeremy bentham |
[[watermarks::[gr with crown] propatria [britannia motif]]] |
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54088 |
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