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5.< | <head>5.</head> | ||
<head>C</head> | |||
<head>Of Compensation</head> | |||
<p>before, will in this case be more certain of producing that effect than<lb/>in any other.</p> | |||
<p><note>2. -- The profit of being overbalanced.</note><lb/>2. Where the profit of the offence is of a pecuniary nature,<lb/>there is more certainty that the loss of a certain sum will outweigh<lb/>it than where it is of any other nature; for instance of the malevolent<lb/>or vindictive kind; so that this case affords the greatest certainty<lb/>of making compensation answer not its own purpose only,<lb/>but that of punishment.</p> | |||
<p>In the succeeding cases it will appear that the weight of<lb/>these reasons receives a diminution at every step.</p> | |||
<p><note>2.<lb/>What acts are most apt to be attended with a pecuniary loss.</note><lb/>Now there are no acts respecting individuals that may not<lb/>by their remote consequences, occasion a pecuniary or quasi-pecuniary<lb/>loss: acts affecting a man's person, acts affecting his property,<lb/>acts affecting his reputation, acts affecting his condition or station<lb/>in life, may all be attended with this effect.<hi rend='superscript'>+</hi> But those which<lb/><note><hi rend='superscript'>+</hi>See postea.</note><lb/>are called offences against property are essentially attended with<lb/>this effect; the others only by accident.</p> | |||
<p>3.<lb/><note>What with a pecuniary profit</note><lb/>So also there are no such acts from which the author of the<lb/>damage may not reap a pecuniary or quasi-pecuniary profit: for<lb/>there are none which a man may <add>not</add> be induced for hire, that is by the <add>motive</add></p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
5. C Of Compensation
before, will in this case be more certain of producing that effect than
in any other.
2. -- The profit of being overbalanced.
2. Where the profit of the offence is of a pecuniary nature,
there is more certainty that the loss of a certain sum will outweigh
it than where it is of any other nature; for instance of the malevolent
or vindictive kind; so that this case affords the greatest certainty
of making compensation answer not its own purpose only,
but that of punishment.
In the succeeding cases it will appear that the weight of
these reasons receives a diminution at every step.
2.
What acts are most apt to be attended with a pecuniary loss.
Now there are no acts respecting individuals that may not
by their remote consequences, occasion a pecuniary or quasi-pecuniary
loss: acts affecting a man's person, acts affecting his property,
acts affecting his reputation, acts affecting his condition or station
in life, may all be attended with this effect.+ But those which
+See postea.
are called offences against property are essentially attended with
this effect; the others only by accident.
3.
What with a pecuniary profit
So also there are no such acts from which the author of the
damage may not reap a pecuniary or quasi-pecuniary profit: for
there are none which a man may not be induced for hire, that is by the motive
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Identifier: | JB/098/044/001"JB/" can not be assigned to a declared number type with value 98. |
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2-12, 1 |
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098 |
penal code |
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044 |
of compensation |
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001 |
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copy/fair copy sheet |
4 |
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recto |
f5 / f6 / f7 / f8 |
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[[watermarks::myears [lion with crown emblem]]] |
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caroline fox |
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31652 |
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