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<p>113)</p> | |||
''This | <p><head>CRIT. JUR. CRIM.<lb/> | ||
<note>Punishment Compensation.</note></head></p> | |||
<p><add>change the supposition: let us suppose</add> them unequal: and see what is the conduct prefer<lb/> | |||
to be observed in consequence <add>this case</add> of their <hi rend="underline">in</hi>equality.</p> | |||
<p>If the fortunes of the parties S. the sufferer, and<lb/> | |||
A. the author, be unequal, either that of S. <del>[will<lb/> | |||
be greater than that of A. or that of A. will be<lb/> | |||
greater than that of S.]</del> or that of A. will be the<lb/> | |||
greater. If that of A, it is well.<hi rend="superscript">⊞</hi> <note><hi rend="superscript">⊞</hi> The <del><gap/></del> <add>good</add> there is <del>of good is not believed by</del> <add>a chance of</add> remains clear as before. There is no mischief to sit against it.</note> A. will not<lb/> | |||
suffer more by the loss, than S. would <add>[<del><gap/></del> It is evident he will suffer less.]</add> If that of<lb/> | |||
<del>A.</del> S. this is not altogether the case. The less A's fortune<lb/> | |||
is in comparison with S's, the further is<lb/> | |||
the pleasure which S. would have in receiving the<lb/> | |||
sum in question from being equivalent to the pain<lb/> | |||
which A. would feel in parting with it. In this <add>When this is<lb/> | |||
the</add> case an abatement more or less ought always to be<lb/> | |||
made of what would be requisite to constitute a<lb/> | |||
full [indemnification] compensation.</p> | |||
<p><del>I</del> S. has <add>is worth</add> £1000<lb/> | |||
<del>a good</del>, A. only £100. The damage which S. has<lb/> | |||
sustained by the act <add>means</add> of A. amounts to £100. If full<lb/> | |||
compensation were to be made, S. would indeed be just<lb/> | |||
as he was. He would have suffered nothing. But A.<lb/> | |||
would be absolutely ruined. As much of his happiness<lb/> | |||
as depended upon his fortune <add>would be totally destroy'd.</add></p> | |||
<p>Something thus ought to<lb/> | |||
be paid by A. short of full compensation. The remainder<lb/> | |||
of the loss will <add>continue to</add> be borne by <del>A</del> S. This something<lb/> | |||
ought to be so much that <del>when</del> the pain of losing it<lb/> | |||
to A. shall be <add>no more than</add> equal to what S. will suffer by losing<lb/> | |||
the remainder. Now the pain<hi rend="superscript">⊞</hi> <note><hi rend="superscript">⊞</hi> that each would suffer in the case the loss be borne by them (all other circumstances supposed equal)</note> <del>of each</del> would be<lb/> | |||
in the ratio of the same they must respectively <del>part</del><lb/> | |||
bear in the loss of, to the residue of their [respective] fortunes.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
113)
CRIT. JUR. CRIM.
Punishment Compensation.
change the supposition: let us suppose them unequal: and see what is the conduct prefer
to be observed in consequence this case of their inequality.
If the fortunes of the parties S. the sufferer, and
A. the author, be unequal, either that of S. [will
be greater than that of A. or that of A. will be
greater than that of S.] or that of A. will be the
greater. If that of A, it is well.⊞ ⊞ The good there is of good is not believed by a chance of remains clear as before. There is no mischief to sit against it. A. will not
suffer more by the loss, than S. would [ It is evident he will suffer less.] If that of
A. S. this is not altogether the case. The less A's fortune
is in comparison with S's, the further is
the pleasure which S. would have in receiving the
sum in question from being equivalent to the pain
which A. would feel in parting with it. In this When this is
the case an abatement more or less ought always to be
made of what would be requisite to constitute a
full [indemnification] compensation.
I S. has is worth £1000
a good, A. only £100. The damage which S. has
sustained by the act means of A. amounts to £100. If full
compensation were to be made, S. would indeed be just
as he was. He would have suffered nothing. But A.
would be absolutely ruined. As much of his happiness
as depended upon his fortune would be totally destroy'd.
Something thus ought to
be paid by A. short of full compensation. The remainder
of the loss will continue to be borne by A S. This something
ought to be so much that when the pain of losing it
to A. shall be no more than equal to what S. will suffer by losing
the remainder. Now the pain⊞ ⊞ that each would suffer in the case the loss be borne by them (all other circumstances supposed equal) of each would be
in the ratio of the same they must respectively part
bear in the loss of, to the residue of their [respective] fortunes.
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Identifier: | JB/159/266/001"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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266 |
crit. jur. crim |
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001 |
punishment / compensation / example |
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text sheet |
4 |
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recto |
d113 / d114 / d115 / d116 |
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jeremy bentham |
[[watermarks::[gr with crown] propatria [britannia motif]]] |
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54089 |
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