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<p>112)</p> | |||
<p><head>CRIT. JUR. CRIM.</head></p> | |||
<p>So far is compensation from being no punishment, <del>that</del><lb/> | |||
that it <del>is oftentimes</del> <add>may <del>be</del> in many cases be even</add> greater punishment than<lb/> | |||
what <hi rend="superscript">⊞</hi> <note><hi rend="superscript">⊞</hi> were the mischief done <add>even</add> intentionally would be</note> or necessary for prevention. <del>What happens<lb/> | |||
fortunately is</del> (Happily) <add>this <del>punishment</del> loss</add> let it be ever so great, <del>what<lb/> | |||
it falls</del> <add>so long as it confines itself</add> within the limits of compensation, <add><del>it</del></add> <hi rend="underline">can</hi> do<lb/> | |||
no harm: for while that is the case, A can suffer<lb/> | |||
no more than <del>what if it be Punish</del> <add>just so much as were he not to</add> suffer <add>it</add>, S, must<lb/> | |||
suffer in his stead. In as far then as its contribution<lb/> | |||
to the purpose of prevention it <del>is</del> <add>produces a</add> clear gain: and<lb/> | |||
it <del>is</del> <add>ought</add> at any rate <add>still</add> to be exacted, although it should <add>appear</add><lb/> | |||
(be found) to exceed the amount of what in <del>necessary<lb/> | |||
for</del> any other case would be deemed necessary for<lb/> | |||
prevention. <add>For</add> In regard to punishment of all kinds<lb/> | |||
and particularly of pecuniary punishment (in particular)<lb/> | |||
the quantity of it can never be adjusted with such<lb/> | |||
accuracy to the force of the motives that prompt <add>men to</add> the<lb/> | |||
offence, as that it can <add>in any instance <del>in any</del></add> be certain that a great<lb/> | |||
penalty would not be more effective than a less:<lb/> | |||
so that the quantity of punishment <add>the penalty by</add> which<hi rend="superscript">⊞</hi> <note> it may exceed that</note> were<lb/> | |||
<del>the</del> it all so much clear loss to the community<lb/> | |||
<del>might <add>it might</add> would</del> be thought sufficient, is not by any<lb/> | |||
means thrown away, nor even disposed of without<lb/> | |||
advantage.</p> | |||
<p>All this while, for the sake of simplicity, and<lb/> | |||
that I might consider things one at a time, I have<lb/> | |||
been supposing the circumstances of the two parties<lb/> | |||
(that is those circumstances by which they may capable<lb/> | |||
of receiving <add>undergoing</add> different degrees of pain by the loss of the<lb/> | |||
same money) to be upon a par <add>equal.</add> <hi rend="superscript">⊞</hi> <note><hi rend="superscript">⊞</hi> I mean the circumstances &c</note> Let us now <del>suppose<lb/> | |||
<add>them</add></del> <add>change</add></p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} |
112)
CRIT. JUR. CRIM.
So far is compensation from being no punishment, that
that it is oftentimes may be in many cases be even greater punishment than
what ⊞ ⊞ were the mischief done even intentionally would be or necessary for prevention. What happens
fortunately is (Happily) this punishment loss let it be ever so great, what
it falls so long as it confines itself within the limits of compensation, it can do
no harm: for while that is the case, A can suffer
no more than what if it be Punish just so much as were he not to suffer it, S, must
suffer in his stead. In as far then as its contribution
to the purpose of prevention it is produces a clear gain: and
it is ought at any rate still to be exacted, although it should appear
(be found) to exceed the amount of what in necessary
for any other case would be deemed necessary for
prevention. For In regard to punishment of all kinds
and particularly of pecuniary punishment (in particular)
the quantity of it can never be adjusted with such
accuracy to the force of the motives that prompt men to the
offence, as that it can in any instance in any be certain that a great
penalty would not be more effective than a less:
so that the quantity of punishment the penalty by which⊞ it may exceed that were
the it all so much clear loss to the community
might it might would be thought sufficient, is not by any
means thrown away, nor even disposed of without
advantage.
All this while, for the sake of simplicity, and
that I might consider things one at a time, I have
been supposing the circumstances of the two parties
(that is those circumstances by which they may capable
of receiving undergoing different degrees of pain by the loss of the
same money) to be upon a par equal. ⊞ ⊞ I mean the circumstances &c Let us now suppose
them change
Identifier: | JB/159/265/004"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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265 |
crit. jur. crim |
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004 |
punishment / compensation / useful only as it contributes to prevention |
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text sheet |
4 |
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recto |
d109 / d110 / d111 / d112 |
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jeremy bentham |
[[watermarks::[gr with crown] propatria [britannia motif]]] |
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54088 |
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