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B.6.<lb/> | <p>B.6.<lb/> | ||
d.4. <head>Section 3 Defeasance of punishment</head> | d.4. | ||
<head | </p> | ||
<head>Section 3 Defeasance of punishment</head> | |||
<head><del>Punishment <gap/> <gap/> <add>whether defeasible</add></del> by Death of Parties</head> | |||
<p> | <p> | ||
In pursuit of (the means of making<add><del>giving</del></add>] Compensation, <note>The | In pursuit of (the means of making<add><del>giving</del></add>] Compensation, <note>The punishment<lb/> included in the<lb/> <sic>burthen</sic> of yielding<lb/> compensation<lb/> is apt to be<lb/> 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/> | ||
another man the <del>delinquent</del><add>injurer</add> is made to pay, men<lb/> | another man the <del>delinquent</del><add>injurer</add> is made to pay, men<lb/> | ||
<del><gap/></del> are apt to take it for granted, and <del>if asked</del> <add>at first</add><lb/> | <del><gap/></del> are apt to take it for granted, and <del>if asked</del> <add>at first</add><lb/> | ||
<add>asking</add> | would <add>asking</add> be apt to answer that there is no punishment<lb/> | ||
in the case. They imagine, but hastily and <add><del>Their notion is but it is a hasty</del></add><lb/> | in the case. They imagine, but hastily and <add><del>Their notion is but it is a hasty</del></add><lb/> | ||
< | erroneously,<del><add>and erroneous [notion] one</add></del> that the only person who has <del><gap/></del> <sic>suffer'd</sic><lb/> | ||
by the offence is that party who is the immediate<lb/> | by the offence is that party who is the immediate<lb/> | ||
object of the injury. If then (<del>he</del><add>[+]</add>) be made to enjoy] <note><add>[+]</add> that person by an operation of Law</note><lb/> | object of the injury. If then (<del>he</del><add>[+]</add>) be made to enjoy] <note><add>[+]</add> that person by an<lb/> operation of Law</note><lb/> | ||
as much as <add>by the offence</add> he had been made to suffer, they<lb/> | as much as <add>by the offence</add> he had been made to suffer, they<lb/> | ||
conclude (and justly enough were the foundation true)<lb/> | conclude (and justly enough were the foundation true)<lb/> | ||
| Line 23: | Line 25: | ||
up what the party injured is made to enjoy<lb/> | up what the party injured is made to enjoy<lb/> | ||
they do not look upon in the light of punishment.<lb/> | they do not look upon in the light of punishment.<lb/> | ||
They look upon it as a circumstance <del>arising</del><add>resulting</add> | They look upon it as a circumstance <del>arising</del><add>resulting</add> accidentally<lb/> | ||
and <del>without design</del><add>unintentionally</add> out of the operation<lb/> | and <del>without design</del><add>unintentionally</add> out of the operation<lb/> | ||
by which <del>[the injured party is indemnified.]</del> an<lb/> | by which <del>[the injured party is indemnified.]</del> an<lb/> | ||
indemnification is pro<del>d</del>cured to the injured party.<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/> | so that it would be but so much the better if that<lb/> | ||
pain could be altogether spared; and | pain could be altogether spared; and it is for want <del><add>out of inability</add></del><lb/> | ||
of being able to save it that it is | of being able to save it that it is sufferd to exist. In<lb/> | ||
short so entirely is the idea of punishment lost <add>in</add></p><pb/> | short so entirely is the idea of punishment lost <add>in</add></p><pb/> | ||
B.6.
d.4.
Section 3 Defeasance of punishment Punishment whether defeasible by Death of Parties
In pursuit of (the means of makinggiving] Compensation, The punishment
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
would asking be apt to answer that there is no punishment
in the case. They imagine, but hastily and Their notion is but it is a hasty
erroneously,and erroneous [notion] one 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
as much as by the offence he had been made to suffer, they
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 in the light of punishment.
They look upon it as a circumstance arisingresulting accidentally
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 it is for want out of inability
of being able to save it that it is sufferd to exist. In
short so entirely is the idea of punishment lost in
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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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001 |
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text sheet |
4 |
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recto |
f1 / f2 / f3 / f4 |
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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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