JB/106/088/001

Click Here To Edit 1 March 1807

Another circumstanceconsideration+ andoperates to reduce still further to reduceon reduction
the mischief of indecision when the subject of it is the
matter of fact. Where per determinate individuals aloneare concerned, the
parties each with his individual circle of connections, are concerned
it will frequently happen that by one erroneous decision less
suffering will be produced than by the opposite right one: if,
for example, the party in matter in dispute being
pecuniary, the party in whose favour the unjust decision is
pronounced is in a state of indigence so circumstanced that
the opposite right decision would have reduced him from a state
of accustomed affluencehabitual sufficiency, to a state of ruin and indigence, which
the party to whose prejudice this injustice operates, such is his
superiority in point of affluence, would not be materially affected
by it.

Another example is where either the general sensibility
of the party losing party, the party in whom the unjust decision
imposes the burthen of loss, is less acute than that of the winning
party who in the opposite case would have suffered a
loss to the same amount, or degree of sensibility being the
same in both sides, the persuasion or assurance of success
was less inbuse in the wrong side than in the opposite side

These are both of these cases Of neither of these cases can
any doubt be entertained but that it finds itself frequently
exemplified in practice. But this depending uponall this it is evident depends interior
psychological circumstances, of concerning which the third person in the
state of judge can possibly possess any tolerably adequate means
of forming a judgement. Barometers we have Physical quantities afford instruments of measuration: psychological not thermometers we have.
pathometer, none. Till an instrument of this sort shall have been invented,
in the estimation of the judge that the expectation of that one of the parties must always be deemed the stronger, who has the better title.

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Identifier: | JB/106/088/001"JB/" can not be assigned to a declared number type with value 106.
Date_1	1807-03-01	Marginal Summary Numbering	9-13
Box	106	Main Headings	scotch reform
Folio number	088	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e4
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	34676
Box Contents