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<p>15</p> | |||
<p><head>Compensation.</head></p> | |||
<p>apprehension or resentment such offences may by accident<lb/> | |||
produce, the persons exposed to suffer them are so uncertain<lb/> | |||
and at any rate liable to be so numerous<hi rend="superscript">⊞</hi> <note><hi rend="superscript">⊞</hi> and the fact of their suffering them or not suffering them so impossible to be made out by evidence</note>, that<lb/> | |||
it is impossible to find satisfaction for them out of<lb/> | |||
any <add>such</add> private fund, <del>such</del> as the fortune of a delinquent.</p> | |||
<p>In the 1<hi rend="superscript">st</hi> class <add>of offences</add> then and in that only we are <add>are we</add><lb/> | |||
to look for such damage as will admitt of (pecuniary)<lb/> | |||
Compensation. But neither in all these does the demand<lb/> | |||
for it stand upon the same footing.</p> | |||
<p>Damage done to <del>the</del> a man by the conduct <add>act</add> of another<lb/> | |||
is either to the person, the property or the reputation, <add>the <unclear>fewer</unclear></add><lb/> | |||
or to two or more of these together. When to the property<lb/> | |||
the damage done may or may not turn to the <add>pecuniary</add> profit<lb/> | |||
of the offender: when to the person or reputation, it<lb/> | |||
<del>cannot</del> <add>never</add> can unless indirectly and by accident. When it<lb/> | |||
does afford him a pecuniary profit, <del>&</del> a compensation<lb/> | |||
of the <del>pecuniary</del> <add>lucrative <del>that is of the</del></add> kind being pecuniary <add>too</add> [as well as the<lb/> | |||
profit] may be said to be in its nature <hi rend="underline">commensurable</hi><lb/> | |||
to <add>with</add> the damage: when not, <hi rend="underline">incommensurable</hi>.</p> | |||
<p><del>When the</del> (In the first case <add>case of such a profit</add>) Such a damage to the<lb/> | |||
one and such a profit to the other <del>is</del> consists either in<lb/> | |||
a specific article of property which the one loses and<lb/> | |||
the other gets, or in a sum of money. In both these<lb/> | |||
cases a necessary part, and but a part of Compensation<lb/> | |||
is Restitution. <del>But</del></p> | |||
<p>Restitution is either identical, or <hi rend="underline">in value</hi>. <del>Identical</del> <add>The</add><lb/> | |||
Restitution may be termed identical when the same <del><gap/></del><lb/> | |||
<add>individual</add></p> | |||
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15
Compensation.
apprehension or resentment such offences may by accident
produce, the persons exposed to suffer them are so uncertain
and at any rate liable to be so numerous⊞ ⊞ and the fact of their suffering them or not suffering them so impossible to be made out by evidence, that
it is impossible to find satisfaction for them out of
any such private fund, such as the fortune of a delinquent.
In the 1st class of offences then and in that only we are are we
to look for such damage as will admitt of (pecuniary)
Compensation. But neither in all these does the demand
for it stand upon the same footing.
Damage done to the a man by the conduct act of another
is either to the person, the property or the reputation, the fewer
or to two or more of these together. When to the property
the damage done may or may not turn to the pecuniary profit
of the offender: when to the person or reputation, it
cannot never can unless indirectly and by accident. When it
does afford him a pecuniary profit, & a compensation
of the pecuniary lucrative that is of the kind being pecuniary too [as well as the
profit] may be said to be in its nature commensurable
to with the damage: when not, incommensurable.
When the (In the first case case of such a profit) Such a damage to the
one and such a profit to the other is consists either in
a specific article of property which the one loses and
the other gets, or in a sum of money. In both these
cases a necessary part, and but a part of Compensation
is Restitution. But
Restitution is either identical, or in value. Identical The
Restitution may be termed identical when the same
individual
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Identifier: | JB/100/195/003"JB/" can not be assigned to a declared number type with value 100. |
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not numbered |
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100 |
punishment |
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195 |
compensation |
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003 |
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text sheet |
4 |
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recto |
f13 / f14 / f15 / f16 |
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|
jeremy bentham |
[[watermarks::v g [sic] propatria [britannia motif]]] |
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caroline vernon |
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32211 |
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