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looked upon as a <hi rend="underline">penal</hi> Law.</p> | looked upon as a <hi rend="underline">penal</hi> Law.</p> | ||
<p>Punish however it must, a penal Law in<lb/> | <p>Punish however it must, a penal Law in<lb/> | ||
<note> | <note>Yet compensation without punishment is an inadequate remedy</note> one <add><del>the</del> sense of the word, it must be</add> <del><gap/> <gap/></del>, if it <del>has</del> is to have any <lb/> | ||
effect at all in preventing | effect at all in preventing the practise which is<lb/> | ||
productive of the mischief it means to cure. And<lb/> | productive of the mischief it means to cure. And<lb/> | ||
it is by <hi rend="underline">punishing</hi> that it does more good than<lb/> | it is by <hi rend="underline">punishing</hi> that it does more good than<lb/> | ||
by <hi rend="underline">indemnifying</hi>. For of the two ends prevention <lb/> | by <hi rend="underline">indemnifying</hi>. For of the two ends prevention <lb/> | ||
and <del>indemnification</del><add>compensation</add>, the former, <del>as<add><gap/> | and <del>indemnification</del><add>compensation</add>, the former, <del>as<add><gap/></add></del> has been been proved,<lb/> | ||
is <del>beyond comparison | is <del>beyond comparison | ||
</del><add>by much</add> the most important.</p> | </del><add>by much</add> the most important.</p> | ||
<p>This neglect however of the principal end of | <p>This neglect however of the principal end of Laws<lb/> | ||
<note>The purpose of punishment <add>is however in</add> <del>has frequently</del> many instances <del> | <note>The purpose of punishment <add>is however in</add> <del>has frequently</del> many instances <del>however</del> answered without design.</note> made <add>in restraint of</add> <del>against</del> private injuries has not been attended<lb/> | ||
with all the ill consequences that might at<lb/> | with all the ill consequences that might at<lb/> | ||
first sight be imagined. The indemnification being<lb/> | first sight be imagined. The indemnification being<lb/> | ||
made to come oout of the pocket of the aggressor<lb/> | made to come oout of the pocket of the aggressor,<lb/> | ||
has <del><gap/></del> produced the punish<del>ed</del>ment of course.<lb/> | has <del><gap/></del> produced the punish<del>ed</del>ment of course.<lb/> | ||
Now under the Laws of most <add><del>all</del></add> nations, <del>indemnification</del><lb/> | Now under the Laws of most <add><del>all</del></add> nations, <del>indemnification</del><lb/> | ||
<del>has been exacted under</del><add>in</add> most <del>cases</del><add>instances</add> | <del>has been exacted under</del><add>in</add> most <del>cases</del><add>instances</add> of acknowledged<lb/> | ||
injury indemniification has been exacted: <add>[+]</add> | I say<lb/> | injury<del><gap/></del> indemniification has been exacted: <add>[+]</add> | I say<lb/> | ||
<note><add>[+]</add> and <add>by that means</add> <del>therefore</del> in the most cases <add>it has happened that</add> punishment has been applied. Yet not in all; because compensation has been made defeasible by contingenies</note> in most, but it has not in all. <add>For there</add> <del><gap/></del> are <del><gap/></del><lb/> | <note><add>[+]</add> and <add>by that means</add> <del>therefore</del> in the most cases <add>it has happened that</add> punishment has been applied. Yet not in all; because compensation has been made defeasible by contingenies</note> in most, but it has not in all. <add>For there</add> <del><gap/></del> are <del><gap/></del><lb/> | ||
two events <add>by</add> <del>in</del> which in all those cases indemnification <lb/> | two events <add>by</add> <del>in</del> which in all those cases indemnification <lb/> | ||
is <add>rendered</add> not <del>so</del> necessary <add>in so great a degree</add> as it was before, <lb/> | is <add>rendered</add> not <del>so</del> necessary <add>in so great a degree</add> as it was before, <lb/> | ||
and, <add>as it may appear</add> <del><gap/></del> upon a superficial glance, | and, <add>as it may appear</add> <del><gap/></del> upon a superficial glance, not necessary at<lb/> | ||
all. In effect upon the happening of either of these <add>two</add></p><pb/> | all. In effect upon the happening of either of these <add>two</add></p><pb/> | ||
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2
B.6
Ch.4
Sec 3
Punishment - whether defeasible by Death
in that of compensation, that a Law whichby appoints
the latter is not understood to punishappoint the former it is not
looked upon as a penal Law.
Punish however it must, a penal Law in
Yet compensation without punishment is an inadequate remedy one the sense of the word, it must be , if it has is to have any
effect at all in preventing the practise which is
productive of the mischief it means to cure. And
it is by punishing that it does more good than
by indemnifying. For of the two ends prevention
and indemnificationcompensation, the former, as has been been proved,
is beyond comparison
by much the most important.
This neglect however of the principal end of Laws
The purpose of punishment is however in has frequently many instances however answered without design. made in restraint of against private injuries has not been attended
with all the ill consequences that might at
first sight be imagined. The indemnification being
made to come oout of the pocket of the aggressor,
has produced the punishedment of course.
Now under the Laws of most all nations, indemnification
has been exacted underin most casesinstances of acknowledged
injury indemniification has been exacted: [+] | I say
[+] and by that means therefore in the most cases it has happened that punishment has been applied. Yet not in all; because compensation has been made defeasible by contingenies in most, but it has not in all. For there are
two events by in which in all those cases indemnification
is rendered not so necessary in so great a degree as it was before,
and, as it may appear upon a superficial glance, not necessary at
all. In effect upon the happening of either of these two
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Identifier: | JB/141/134/002"JB/" can not be assigned to a declared number type with value 141. |
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141 |
rationale of punishment |
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134 |
b. 6 ch. 4 section 3 defeazance of punishment punishment - whether defeasible by death |
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002 |
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text sheet |
4 |
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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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