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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

Box Contents

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