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42.< | <head>42.</head> | ||
<head>C</head> | |||
<head>Of Compensation.</head> | |||
<p><note>1. Compensation answers the purpose of punishment —</note> | |||
<lb/> | |||
will answer the purpose of punishment; but punishment<lb/>will not answer the purpose of compensation. By compensation<lb/>therefore, the two great ends of Justice are both<lb/>answered at a time: by punishment, only one.</p> | |||
<p><note>2. -- better even than punishment itself.</note><lb/>2. What is disposed of in the way of compensation<lb/>answers the purpose in many cases even in a better manner<lb/>than the same sum disposed of professedly for the sole<lb/>purpose of punishment; for if a man is to incur a certain<lb/>loss, he will suffer more to think that his adversary is to<lb/>reap the profit than if the profit were to be reaped by<lb/>any other indifferent party; for instance the public treasury.</p> | |||
<p><note>3. The public can better afford than an individual even to bear a loss.</note><lb/>3. The public can better afford even to bear a loss, than any<lb/>individual. 1. In an individual the loss would produce a greater sensation<lb/>than in the public even though it were expected. <hi rend='underline'>By breaking</hi><lb/><hi rend='underline'>down a loss into impalpable portions, the pressure of it is lessened upon the</hi></p> | |||
<head>Note.</head> | |||
<p>practice is comformable to the above rules. If the rules be right<lb/>this is not to be wondered at: since all systems of Law that exist<lb/>hitherto, are pieces of patch work made up at different times upon precipitate<lb/>and partial Views.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
42. C Of Compensation.
1. Compensation answers the purpose of punishment —
will answer the purpose of punishment; but punishment
will not answer the purpose of compensation. By compensation
therefore, the two great ends of Justice are both
answered at a time: by punishment, only one.
2. -- better even than punishment itself.
2. What is disposed of in the way of compensation
answers the purpose in many cases even in a better manner
than the same sum disposed of professedly for the sole
purpose of punishment; for if a man is to incur a certain
loss, he will suffer more to think that his adversary is to
reap the profit than if the profit were to be reaped by
any other indifferent party; for instance the public treasury.
3. The public can better afford than an individual even to bear a loss.
3. The public can better afford even to bear a loss, than any
individual. 1. In an individual the loss would produce a greater sensation
than in the public even though it were expected. By breaking
down a loss into impalpable portions, the pressure of it is lessened upon the
Note.
practice is comformable to the above rules. If the rules be right
this is not to be wondered at: since all systems of Law that exist
hitherto, are pieces of patch work made up at different times upon precipitate
and partial Views.
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Identifier: | JB/098/042/002"JB/" can not be assigned to a declared number type with value 98. |
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not numbered |
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098 |
penal code |
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042 |
of compensation |
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002 |
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copy/fair copy sheet |
4 |
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recto |
f41 / f42 / f43 / f44 |
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[[watermarks::myears [lion with crown emblem]]] |
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caroline fox |
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31650 |
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