JB/159/266/003

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115)

CRIT. JUR. CRIM.

that is, that no case which by fear of the penalty he could be made to exert would
be sufficient to prevent it, there could be no reason
for charging him with the minutest part of it. In
We may go farther. There would be no reason for charging
him with any part of it, if the certain pain which it
would be of to him and to the generality of persons in
his situation to exert that case which would be requisite
to prevent the mischief damage would exceed the value
of the chance there is for the damage's happening to
S. Let us take an

Let us take an instance. S is the owner of a
Coach. A. of a Waggon. The fortune of S. is double
to that of A. They are travelling the same road to the same
place Town. They come to a place where the road
divides into two, both leading however to the Town.
By road The right hand road is the only one which a Coach can take. It is better for a single carriage than the
left: but such is the narrowness of it, that there the
chance is as 1 to 20 that if they travel together
the Coach by jostling against the Waggon will sustain
a damage to the amount of 20s. On the other
hand if the Waggon takes the left hand road
there will be no such hazard. But the Waggon must
at all events pay a toll of 1s.

Now I say that in this case supposing the damage
to happen, the management of the two carriages having
been left entirely to the Coachman, no there is no reason upon the whole why any part of it aught
to be borne by A. On the For the damage which
A. must have been put to in order to prevent the
damage to S. is (taking probability into the account)
exactly equal equivalent to the chance which S. had of being put
to damage: 1s is exactly equal to 1/20 chance
of 20s. On the contrary as A's fortune is but half what
S's

Identifier: | JB/159/266/003 "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	266	Info in main headings field	crit. jur. crim
Image	003	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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