JB/159/266/001

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113)

CRIT. JUR. CRIM.
Punishment Compensation.

change the supposition: let us suppose them unequal: and see what is the conduct prefer
to be observed in consequence this case of their inequality.

If the fortunes of the parties S. the sufferer, and
A. the author, be unequal, either that of S. [will
be greater than that of A. or that of A. will be
greater than that of S.] or that of A. will be the
greater. If that of A, it is well.⊞ ⊞ The good there is of good is not believed by a chance of remains clear as before. There is no mischief to sit against it. A. will not
suffer more by the loss, than S. would [ It is evident he will suffer less.] If that of
A. S. this is not altogether the case. The less A's fortune
is in comparison with S's, the further is
the pleasure which S. would have in receiving the
sum in question from being equivalent to the pain
which A. would feel in parting with it. In this When this is
the case an abatement more or less ought always to be
made of what would be requisite to constitute a
full [indemnification] compensation.

I S. has is worth £1000
a good, A. only £100. The damage which S. has
sustained by the act means of A. amounts to £100. If full
compensation were to be made, S. would indeed be just
as he was. He would have suffered nothing. But A.
would be absolutely ruined. As much of his happiness
as depended upon his fortune would be totally destroy'd.

Something thus ought to
be paid by A. short of full compensation. The remainder
of the loss will continue to be borne by A S. This something
ought to be so much that when the pain of losing it
to A. shall be no more than equal to what S. will suffer by losing
the remainder. Now the pain⊞ ⊞ that each would suffer in the case the loss be borne by them (all other circumstances supposed equal) of each would be
in the ratio of the same they must respectively part
bear in the loss of, to the residue of their [respective] fortunes.

Identifier: | JB/159/266/001 "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	266	Info in main headings field	crit. jur. crim
Image	001	Titles	punishment / compensation / example
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	d113 / d114 / d115 / d116
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	54089
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