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<p> | <p> | ||
Restitution I have called a part of compensation : it <lb/> | Restitution I have called a part of compensation : it <lb/> | ||
is plain it can never be the whole. | is plain it can never be the whole. <unclear>For but</unclear><lb/> | ||
the <add>very</add> substance <add>that was taken be restored</add>be returned;it is plain | the <add>very</add> substance <add>that was taken be restored</add>be returned;it is plain the parties<lb/> | ||
are not <add>by | are not <add>by <del><gap/></del> any means</add> in the same state <add>plight</add> they would have been if<lb/> | ||
it never had been taken : the party | it never had been taken : the party damaged has <add>certainly</add> lost<lb/> | ||
and the offender has <add>probably</add> gained the use of the thing<lb/> | and the offender has <add>probably</add> gained the use of the thing<lb/> | ||
for the time, whatever it be, during which it lay in<lb/> | for the time, whatever it be, during which it lay in<lb/> | ||
his hands <del>Before</del> | his hands. <del>Before</del> In order then for the party damaged<lb/> | ||
to receive full <add>and adequate</add>compensation, he must receive | to receive full <add>and adequate</add>compensation, he must receive besides<lb/> | ||
the thing itself that was taken a restitution in value<lb/> | the thing itself that was taken a restitution in value<lb/> | ||
for the use of it during the time in question. <lb/> | for the use of it during the time in question. <lb/> | ||
The same observation holds equally good with respect<lb/> | The same observation holds equally good with respect<lb/> | ||
to the use of a sum of money.< | to the use of a sum of money.</p> | ||
Now then whether the damage of the offence <add>have or have</add> <gap/><lb/> | |||
<add>not been</add>< | <p>Now then whether the damage of the offence <add>have or have</add> <del><gap/></del><lb/> | ||
<add>not been</add><del>be not</del> converted to the | |||
profit of the offender, there is one<lb/> | profit of the offender, there is one<lb/> | ||
good effect [which] will universally follow from < | good effect [which] will universally follow from compensation.<lb/> | ||
This is the <del>contributing</del> concurring with the<lb/> | |||
preventive efficacy of punishment in lessening the<add>this</add><lb/> | |||
<add><gap/></add> | pain of apprehension<add>[ . ]</add><note>Benefits that result<lb/> from compensation in<lb/> all cases. 1<hi rend="superscript">st</hi> to the<lb/> | ||
<gap/>in part<lb/> to prevent<lb/> Public</note> which <add>persons in general</add>other men are apt to put<lb/> | |||
at the <add>observing</add>observation of the suffering of the party damaged,<lb/> | |||
and the <add>apprehension</add>expectation of suffering the like themselves. They<lb/> | |||
know that in the way of Prevention the efficacy of Punishment</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
Compensation.
individual thing that was taken lost is restored : it may be
termed restitution in value, when not the same thing is
returned, but a sum of money or something of equal
value.
Restitution I have called a part of compensation : it
is plain it can never be the whole. For but
the very substance that was taken be restoredbe returned;it is plain the parties
are not by any means in the same state plight they would have been if
it never had been taken : the party damaged has certainly lost
and the offender has probably gained the use of the thing
for the time, whatever it be, during which it lay in
his hands. Before In order then for the party damaged
to receive full and adequatecompensation, he must receive besides
the thing itself that was taken a restitution in value
for the use of it during the time in question.
The same observation holds equally good with respect
to the use of a sum of money.
Now then whether the damage of the offence have or have
not beenbe not converted to the
profit of the offender, there is one
good effect [which] will universally follow from compensation.
This is the contributing concurring with the
preventive efficacy of punishment in lessening thethis
pain of apprehension[ . ]Benefits that result
from compensation in
all cases. 1st to the
in part
to prevent
Public which persons in generalother men are apt to put
at the observingobservation of the suffering of the party damaged,
and the apprehensionexpectation of suffering the like themselves. They
know that in the way of Prevention the efficacy of Punishment
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Identifier: | JB/100/195/004"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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004 |
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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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