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<p>18</p> | |||
'' | <p><head>Compensation</head></p> | ||
<p>in particular the person who is said to have <add>it</add> the title, to<lb/> | |||
entertain a stronger expectation that <hi rend="underline">he</hi> will be protected in<lb/> | |||
the enjoyment of the thing in question than that any other<lb/> | |||
person will. It is plain then that the party damaged <add>injured<lb/> | |||
would</add> will suffer more by the not regaining the thing lost<lb/> | |||
than the offender would in not being permitted to retain<lb/> | |||
it.</p> | |||
<p>Restitution then, which is the form that Compensation<lb/> | |||
takes when the value of the damage turns to the profit<lb/> | |||
of the offender, is not properly to be placed to the<lb/> | |||
account of Punishment. It is not the losing any thing:<lb/> | |||
it is simply the not gaining <add>the thing in question</add>, which is no more the case<lb/> | |||
of the offender than it is of <del>any</del> <add>every</add> other person in the<lb/> | |||
community. If a pain of disappointment be peculiarly<lb/> | |||
his on account of his mistaking of the Law, or expecting<lb/> | |||
to retain the thing in question in spite of <add>despite</add> the Law,<lb/> | |||
the pleasure of possession which he enjoyed before the<lb/> | |||
thing was taken <add>recover'd</add> from him may be set against that<lb/> | |||
pain.</p> | |||
<p>So far then is <add>it from being true</add> simple Restitution even when adequate<lb/> | |||
case <add>from ever inducing</add> [in any case] induce more pain than is requisite<lb/> | |||
for the purpose of Prevention; that it never can induce<lb/> | |||
enough. If all that is to <add>the worst that could</add> happen to a man <add>who attempts</add> upon his<lb/> | |||
failing in an attempt upon another's property, is that <add>were to be</add> if<lb/> | |||
he fails he is but where he was, this would <add>will</add> be as good as<lb/> | |||
<add>not protecting him</add> [giving no Protection] at all. <del>A man</del> The chance however<lb/> | |||
small it were of succeeding would always be motive sufficient</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Ready_For_Review}} |
18
Compensation
in particular the person who is said to have it the title, to
entertain a stronger expectation that he will be protected in
the enjoyment of the thing in question than that any other
person will. It is plain then that the party damaged injured
would will suffer more by the not regaining the thing lost
than the offender would in not being permitted to retain
it.
Restitution then, which is the form that Compensation
takes when the value of the damage turns to the profit
of the offender, is not properly to be placed to the
account of Punishment. It is not the losing any thing:
it is simply the not gaining the thing in question, which is no more the case
of the offender than it is of any every other person in the
community. If a pain of disappointment be peculiarly
his on account of his mistaking of the Law, or expecting
to retain the thing in question in spite of despite the Law,
the pleasure of possession which he enjoyed before the
thing was taken recover'd from him may be set against that
pain.
So far then is it from being true simple Restitution even when adequate
case from ever inducing [in any case] induce more pain than is requisite
for the purpose of Prevention; that it never can induce
enough. If all that is to the worst that could happen to a man who attempts upon his
failing in an attempt upon another's property, is that were to be if
he fails he is but where he was, this would will be as good as
not protecting him [giving no Protection] at all. A man The chance however
small it were of succeeding would always be motive sufficient
Identifier: | JB/100/196/002"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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196 |
compensation |
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002 |
note |
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text sheet |
4 |
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recto |
f17 / f18 / f19 / f20 |
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jeremy bentham |
[[watermarks::l v g propatria [britannia motif]]] |
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caroline vernon |
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32212 |
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