JB/159/265/003

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111

CRIT. JUR. CRIM.

Upon the whole then it is only on the ground of
that privation that compensation is to be justified
so that when we speak of establish compensation it is still
for the sake of prevention that we establish it, though
punishment that we have to speak of, though under
a different aspect. prevention be not mentioned.
Let it be once clearly made out in any case that it is not
possible the compensation should operate in the
way of prevention, and you make out that in
that case compensation can be of no use.

What makes it important to keep up the distinction
between them is this. The quantity of pain
necessary to be produced for the purpose of compensation† † prevention in as far as it is furthered
by simple compensation
is small in comparison and limited: If not
It is limited in quantity by being fixed in specie kind.
It cannot be greater than what a penalty the loss of such
a sum of money tha whatever it be that
was lost in the first instance⊞ ⊞ or due in default of that such a quantity of succedaneous punishment as is deemed equivalent was capable of
producing. On the other hand The quantity of pain that is necessary
or thought necessary to be produced for the express purpose
of prevention in other cases is in many cases
very great: the greater ceteris paribus as the intention to produce
the mischief is the more determinate.

Compensation why it goes proportionately to the whole.
Compensation to be in proportion to the loss of the sufferers
and when the damage is not pecuniary to the fortune of
the sufferer. 𝓧 Punishment in proportion to the fortune
of the Offender Author.

Hence a sum requisite for Compensation may be greater
than what is requisite for Punishment Prevention.

In the case of punishment where no compensation can
take place, every item of pain of one may so any that
is employe'd is just so much more than that would be otherwise.
Compensation what it takes away from one gives to another

Identifier: | JB/159/265/003 "JB/" can not be assigned to a declared number type with value 159.
Date_1		Marginal Summary Numbering	not numbered
Box	159	Main Headings	punishment
Folio number	265	Info in main headings field	crit. jur. crim
Image	003	Titles	punishment / compensation / useful only as it contributes to prevention
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	d109 / d110 / d111 / d112
Penner	jeremy bentham	Watermarks	[[watermarks::[gr with crown] propatria [britannia motif]]]
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	54088
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