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ought he to receive, and even the Adultrous<lb/> | ought he to receive, and even the Adultrous<lb/> | ||
to pay — The <foreign>onus probandi</foreign> to be upon<lb/> | to pay — The <foreign>onus probandi</foreign> to be upon<lb/> | ||
the Defendant.</p> | the Defendant.</p> | ||
<pb/> | |||
<p>For the measure of Damages for the offence<lb/> | |||
x circumstances are to be taken into<lb/> | |||
the account. The measure will not be just<lb/> | |||
if any one of them be neglected —</p> | |||
<p>The measure of Damages respects two<lb/> | |||
ends. <del>Punishment</del> <add>Privation</add> & Compensation —<lb/> | |||
Of these 2 ends — the 1<hi rend='superscript'>st</hi> is that which is<lb/> | |||
most important - because <add>the scope of</add> of it <del>stops</del> is to stop<lb/> | |||
the mischief of many crimes: viz of many<lb/> | |||
instances of the obnoxious act. The 2<hi rend='superscript'>d</hi> cures<lb/> | |||
the mischief only of one.</p> | |||
<p>Now as to the end of Prevention, <del><gap/></del> what the<lb/> | |||
offender suffers must be sufficient to deter<lb/> | |||
others from the crime who shall be conditioned<lb/> | |||
as he is — His circumstances <add>condition</add> therefore must<lb/> | |||
be one measure of the quantum of the Penalty<lb/> | |||
He must not be left gainer by the offence</p> | |||
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There is no more reason why a Peer should be entitled
by Law to purchase the chastity of his neighbour's
wife, than a Peasant should of his.
In other Crimes the injured party may be a
witness; because they are prosecutedable by Indictment —
In Adultery he cannot —
Yet Adultery is precisely that crime of all
others, in which such testimony might be admitted
with least danger: because if a man
were minded to wreak his resentment on an
enemy by a false accusation, a crime and an accusation which
could not publish the other's guilt but it must
publish his own shame, would be precisely
the last that he would chuse.
It is only Jerry Sneak in the Play, that
A man knows very well that by exposing
the offending parties he exposes himself:
It is only Jerry Sneak in the Play that could
triumph in such a discovery.
For a man to be punished for it, it should appear
not only that the Woman was a married
Woman, but that he had reason to + + The onus probandi to be upon the Prosecutors
It should also not appear, but that the Husband
sets a certain value on the affections
of his wife: the less value he sets, the less
ought he to receive, and even the Adultrous
to pay — The onus probandi to be upon
the Defendant.
---page break---
For the measure of Damages for the offence
x circumstances are to be taken into
the account. The measure will not be just
if any one of them be neglected —
The measure of Damages respects two
ends. Punishment Privation & Compensation —
Of these 2 ends — the 1st is that which is
most important - because the scope of of it stops is to stop
the mischief of many crimes: viz of many
instances of the obnoxious act. The 2d cures
the mischief only of one.
Now as to the end of Prevention, what the
offender suffers must be sufficient to deter
others from the crime who shall be conditioned
as he is — His circumstances condition therefore must
be one measure of the quantum of the Penalty
He must not be left gainer by the offence
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Identifier: | JB/096/193/001"JB/" can not be assigned to a declared number type with value 96. |
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jeremy bentham |
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