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117)
CRIT. JUR. CRIM.
The business of the Judge is to consider the chance
there is that the Author of the damage could have
prevented it by any care th which it would not
be more inconvenient to him to take than to it
would be to the sufferer to bear the damage, the
greater that chance is, the more of the damage ought be to throw
upon the suff Author.
Let the Fortune of be ..... £70,000s
Let A's Fortune be ..... 60,000
Let the Damage be ..... 20
Let the chance there is that A. by any care of his could have prevented the damage be as 1 to 4. ..... 5s
Let the inconvenience which it would be of to A.⊞ ⊞ in the way of attention or any other to take the requisite degree of care be worth equivalent to the loss of ..... 1s
This inconvenience is to be deducted from the benefit that would arise from A, taking the requisite degree of care.
The total benefit then that would result to the community from A's taking the care in question would be worth but equal to ..... 4s
If then it was for punishment to be a the The saving of the pain which the loss of 4s would be of to A S.
But to this pain would be no more than what the loss of 2s would be of to A.
appears that in the case above stated a 20£ damage incurred 4 5 (being 1/5 and
4/20 ought to be paid by the Author of the damage and the remaining £5.15, or 5/5 and 19/20
ought to be left to be borne by the party suffering.
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Identifier: | JB/159/267/001 "JB/" can not be assigned to a declared number type with value 159.
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not numbered |
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159 |
punishment |
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267 |
crit. jur. crim |
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001 |
punishment / compensation / reformation nothing but prevention / prevention how an end |
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text sheet |
4 |
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recto |
d117 / d118 / d119 / d120 |
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jeremy bentham |
[[watermarks::[gr with crown] propatria [britannia motif]]] |
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in 2 pieces |
54090 |
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