JB/159/266/002

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(114)

CRIT. JUR. CRIM.

fortunes.

The case is no longer that in which the pain might
be transferr'd from the one party to the other without
encrease. If A. takes off the whole pain of
S. he himself must bear a pain much more than
equal to it. The good there is a chance of (viz. the
preventing avoidance of that mischief pai which persons in A's
situation might by making it it being made their own crime, be induced
to exert themselves to prevent). This good benefit I say
is not now by no any means a clear one. Mischief There is mischief now
to set against it: viz. that mischief so much of A's pain of
A's whereby it exceeds that which S. would have
suffer'd were the damage to be borne by him. This
being then the case the question is in what proportion (ought) were it best the mischief damage
to be borne by the respective parties. Ought A.
to bear any share, and if any what. The answer
is as follows. Laying the benefit of prevention altogether out of
the case it is plain A ought not to be made to bear
any part of the damage at all. For let the part
which he is made to bear be ever so small: still
it is app evident that the pain which it would
be to him to part with it would be greater than the
pain which it would be all to S. to part with the
same sum. (This reason is conclusive against A's
having been bearing any part of the damage whatever.
The reason then that there can be for causing any part
Whatever part the of the damage aught to be borne
by A, rests solely on the (utility purpose of) prevention. Let it
be altogether clear that no penalty would be sufficient
to prevent A's from bringing one causing the damage

Identifier: | JB/159/266/002 "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	002	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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