★ Find a new page on our Untranscribed Manuscripts list.
No edit summary |
No edit summary |
||
| Line 2: | Line 2: | ||
<!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | <!-- ENTER TRANSCRIPTION BELOW THIS LINE --> | ||
42.<lb/><lb/><head>C</head><lb/><head>Of Compensation.</head><lb/><note>1. Compensation<lb/>answers the purpose<lb/>of punishment --</note><lb/>will answer the purpose of punishment; but punishment<lb/>will not answer the purpose of compensation. By compensation<lb/>therefore, the two great ends of Justice are both<lb/>answered at a time: by punishment, only one.<lb/><lb/><note>2. -- better even<lb/>than punishment<lb/>itself.</note><lb/>2. What is disposed of in the way of compensation<lb/>answers the purpose in many cases even in a better manner<lb/>than the same sum disposed of professedly for the sole<lb/>purpose of punishment; for if a man is to incur a certain<lb/>loss, he will suffer more to think that his adversary is to<lb/>reap the profit than if the profit were to be reaped by<lb/>any other indifferent party; for instance the public treasury.<lb/><lb/><note>3. The public can<lb/>better afford than an<lb/>individual even to bear<lb/>a loss.</note><lb/>3. The public can better afford even to bear a loss, than any<lb/>individual. 1. In an individual the loss would produce a greater | 42.<lb/><lb/><head>C</head><lb/><head>Of Compensation.</head><lb/><note>1. Compensation<lb/>answers the purpose<lb/>of punishment --</note><lb/>will answer the purpose of punishment; but punishment<lb/>will not answer the purpose of compensation. By compensation<lb/>therefore, the two great ends of Justice are both<lb/>answered at a time: by punishment, only one.<lb/><lb/><note>2. -- better even<lb/>than punishment<lb/>itself.</note><lb/>2. What is disposed of in the way of compensation<lb/>answers the purpose in many cases even in a better manner<lb/>than the same sum disposed of professedly for the sole<lb/>purpose of punishment; for if a man is to incur a certain<lb/>loss, he will suffer more to think that his adversary is to<lb/>reap the profit than if the profit were to be reaped by<lb/>any other indifferent party; for instance the public treasury.<lb/><lb/><note>3. The public can<lb/>better afford than an<lb/>individual even to bear<lb/>a loss.</note><lb/>3. The public can better afford even to bear a loss, than any<lb/>individual. 1. In an individual the loss would produce a greater sensation<lb/>than in the public even though it were expected. <hi rend='underline'>By breaking</hi><lb/><hi rend='underline'>down a loss into impalpable portions, the pressure of it is lessened upon the</hi><lb/>-----<lb/>Note.<lb/>practice is comformable to the above rules. If the rules be right<lb/>this is not to be wondered at: since all systems of Law that exist<lb/>hitherto, are pieces of patch work made up at different times upon precipitate<lb/>and partial Views. | ||
42.
C
Of Compensation.
1. Compensation
answers the purpose
of punishment --
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; for if a man is to incur a certain
loss, he will suffer more to think that his adversary is to
reap the profit than if the profit were to be reaped by
any other indifferent party; for instance the public treasury.
3. The public can
better afford than an
individual even to bear
a loss.
3. The public can better afford even to bear a loss, than any
individual. 1. In an individual the loss would produce a greater sensation
than in the public even though it were expected. By breaking
down a loss into impalpable portions, the pressure of it is lessened upon the
-----
Note.
practice is comformable 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.
|
Identifier: | JB/098/042/002"JB/" can not be assigned to a declared number type with value 98. |
|||
|---|---|---|---|
|
not numbered |
|||
|
098 |
penal code |
||
|
042 |
of compensation |
||
|
002 |
|||
|
copy/fair copy sheet |
4 |
||
|
recto |
f41 / f42 / f43 / f44 |
||
|
[[watermarks::myears [lion with crown emblem]]] |
|||
|
caroline fox |
|||
|
31650 |
|||
