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<p>18</p>
''This Page Has Not Been Transcribed Yet''
<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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Revision as of 02:24, 12 November 2021

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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.

Date_1

Marginal Summary Numbering

not numbered

Box

100

Main Headings

punishment

Folio number

196

Info in main headings field

compensation

Image

002

Titles

note

Category

text sheet

Number of Pages

4

Recto/Verso

recto

Page Numbering

f17 / f18 / f19 / f20

Penner

jeremy bentham

Watermarks

[[watermarks::l v g propatria [britannia motif]]]

Marginals

jeremy bentham

Paper Producer

caroline vernon

Corrections

Paper Produced in Year

Notes public

ID Number

32212

Box Contents

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