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'' | <head>33.</head> | ||
<head>C</head> | |||
<head>Of Compensation</head> | |||
<p>ever been productive of any of that pain which a man is apt to<lb/>experience on thinking of a Loss.<hi rend='superscript'>(a)</hi></p> | |||
<head>§. XV. Compensation shall take place<lb/>of Punishment.</head> | |||
<p><note>§ect XV.</note><lb/>Compensation shall ever take place of punishment.<lb/>No money shall ever be paid in the way of a penalty to the public<lb/>Fund: but subject to the full amount of whatever is due to any<lb/>individual on the score of compensation.</p> | |||
<head>Reasons</head> | |||
<p><note>1. Compensation answers the purpose of Punishment.</note><lb/>1. The obligation to make compensation, as far as it goes, will<lb/>answer the purpose of punishment: but punishment will not<lb/>answer the purpose of compensation. By compensation therefore,<lb/>the two great ends of Justice are both answered at a<lb/>time: by punishment only one.</p> | |||
<p><note>2. -- Better even than punishment itself.</note><lb/>2. what is disposed of in the way of compensation answers<lb/>the purpose in many cases even in a better manner than the<lb/>same sum disposed of professedly for the sole purpose of punishment.</p> | |||
<head>Note</head> | |||
<p>(a) There exists not probably any System of Law in which the practice<lb/>is conformable to the above rules. If the rules be right, this is not to<lb/>be wondered at: since all Systems of Law that exist hitherto are pieces of<lb/>patch-work made up at different times upon precipitate and partial Views.</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}}{{Completed}} | ||
33. C Of Compensation
ever been productive of any of that pain which a man is apt to
experience on thinking of a Loss.(a)
§. XV. Compensation shall take place
of Punishment.
§ect XV.
Compensation shall ever take place of punishment.
No money shall ever be paid in the way of a penalty to the public
Fund: but subject to the full amount of whatever is due to any
individual on the score of compensation.
Reasons
1. Compensation answers the purpose of Punishment.
1. The obligation to make compensation, as far as it goes, will
answer the purpose of punishment: but punishment will not
answer the purpose of compensation. By compensation therefore,
the two great ends of Justice are both answered at a
time: by punishment only one.
2. -- Better even than punishment itself.
2. what is disposed of in the way of compensation answers
the purpose in many cases even in a better manner than the
same sum disposed of professedly for the sole purpose of punishment.
Note
(a) There exists not probably any System of Law in which the practice
is conformable to the above rules. If the rules be right, this is not to
be wondered at: since all Systems of Law that exist hitherto are pieces of
patch-work made up at different times upon precipitate and partial Views.
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Identifier: | JB/098/051/001"JB/" can not be assigned to a declared number type with value 98. |
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1 |
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098 |
penal code |
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051 |
of compensation |
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001 |
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copy/fair copy sheet |
2 |
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recto |
f33 / f34 |
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[[watermarks::[britannia with shield emblem]]] |
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31659 |
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