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d.4. <head>Section Defeasance of punishment</head> | d.4. <head>Section Defeasance of punishment</head> | ||
<head>Punishment <add><del>whether defeasible</del></add> <del><gap/> <gap/></del> by Death of Parties</head> | <head>Punishment <add><del>whether defeasible</del></add> <del><gap/> <gap/></del> by Death of Parties</head> | ||
<p> | |||
In pursuit of (the means of making<add><del>giving</del></add>] Compensation, <lb/> | In pursuit of (the means of making<add><del>giving</del></add>] Compensation, <note>The punishsment included in the <sic>burthen</sic> of yielding compensation is apt to be overlooked.</note><lb/> | ||
the business of Punishment is apt to be overlooked.<lb/> | the business of Punishment is apt to be overlooked.<lb/> | ||
When one man <add>the party injured</add> is presented with what<lb/> | When one man <add>the party injured</add> is presented with what<lb/> | ||
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conclude (and justly enough were the foundation true)<lb/> | conclude (and justly enough were the foundation true)<lb/> | ||
that every thing is set to rights, and that the Law<lb/> | that every thing is set to rights, and that the Law<lb/> | ||
has nothing more to do. | has nothing more to do. The pain which the offender<lb/> | ||
is made to suffer by being made to give<lb/> | |||
up what the party injured is made to enjoy<lb/> | |||
they do not look upon the light of punishment<lb/> | |||
They look upon it as a circumstance <del>arising</del><add>resulting coincidently</add> | |||
and <del>without design</del><add>unintentionally</add> out of the operation<lb/> | |||
by which <del>[the injured party is indemnified.]</del> an<lb/> | |||
indemnification is pro<del>d</del>cured to the injured party<lb/> | |||
so that it would be but so much the better if that<lb/> | |||
pain could be altogether spared: and itis for want <add>out of <gap/></add><lb/> | |||
of being able to save it that it is suffered to <unclear>exist</unclear>. In<lb/> | |||
short so entirely is the idea of punishment lost <add>in</add></p><pb/> | |||
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B.6.
d.4. Section Defeasance of punishment
Punishment whether defeasible by Death of Parties
In pursuit of (the means of makinggiving] Compensation, The punishsment included in the burthen of yielding compensation is apt to be overlooked.
the business of Punishment is apt to be overlooked.
When one man the party injured is presented with what
another man the delinquentinjurer is made to pay, men
are apt to take it for granted, and if asked at first
asking would be apt to answer that there is no punishment
in the case. The imagine, but hastily and Their notion is but it is a hasty
and erroneous [notion] one erroneously, that the only person who has suffer'd
by the offence is that party who is the immediate
object of the injury. If then (he[+]) be made to enjoy] [+] that person by an operation of Law
conclude (and justly enough were the foundation true)
that every thing is set to rights, and that the Law
has nothing more to do. The pain which the offender
is made to suffer by being made to give
up what the party injured is made to enjoy
they do not look upon the light of punishment
They look upon it as a circumstance arisingresulting coincidently
and without designunintentionally out of the operation
by which [the injured party is indemnified.] an
indemnification is prodcured to the injured party
so that it would be but so much the better if that
pain could be altogether spared: and itis for want out of
of being able to save it that it is suffered to exist. In
short so entirely is the idea of punishment lost in
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rationale of punishment |
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b. 6 ch. 4 section 3 defeazance of punishment punishment - whether defeasible by death |
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jeremy bentham |
[[watermarks::l v g propatria [britannia motif]]] |
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caroline vernon |
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48351 |
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