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one sort of Punishment</note> | one sort of Punishment</note> | ||
<p><del>Compensation of the vindictive kind whether it be<lb/> | <p><del>Compensation of the vindictive kind whether it be<lb/> | ||
<gap/> for this end or no is always</del> <del>< | <gap/> for this end or no is always</del> <del>the</del> <del><add>one</add></del> <del>effect of</del><lb/> | ||
punishment,</del> <del><unclear>the</unclear> | <del>punishment,</del> <del><unclear>the</unclear> producing</del> <add>yielding</add> <add>a compensation of the <hi rend="underline">vindictive</hi> kind</add> <del>with reference</del> to those who suffer from <lb/> | ||
the offence <del>is</del> whether it be the <hi rend="underline">end</hi> or no, is always<lb/> | the offence <del>is</del> whether it be the <hi rend="underline">end</hi> or no, is always<lb/> | ||
one <hi rend="underline">effect</hi> of punishment, so as they do but know of <lb/> | one <hi rend="underline">effect</hi> of punishment, so as they do but know of <lb/> | ||
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This is not the case with <hi rend="underline">lucrative</hi> compensation. The<lb/> | This is not the case with <hi rend="underline">lucrative</hi> compensation. The<lb/> | ||
only kind of punishment which can yield it is but<lb/> | only kind of punishment which can yield it is but<lb/> | ||
one out of a multitude: <note>to wit pecuniary,<lb/> or one that has the <lb/> effect of pecuniary.</note> <add>Whether</add> this can yield it, depends<lb/> | one out of a multitude: <note>to wit pecuniary,<lb/> or one that has the <lb/> effect of pecuniary.</note> <add>Whether</add> Even this can yield it, depends<lb/> | ||
upon the circumstances of the <del>criminal</del><add>offender</add>. The sphere<lb/> | upon the circumstances of the <del>criminal</del><add>offender</add>. The sphere<lb/> | ||
of <hi rend="underline">lucrative</hi> compensation is therefore much more contracted<lb/> | of <hi rend="underline">lucrative</hi> compensation is therefore much more contracted<lb/> | ||
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of that</note> | of that</note> | ||
<p>When <add>Although</add> the punishment is <add>be</add> pecuniary, and the circumstances<lb/> | <p>When <add>Although</add> the punishment is <add>be</add> pecuniary, and the circumstances<lb/> | ||
of the offender [are] <add>be</add> favourable, even | of the offender [are] <add>be</add> favourable, even [there] <add>in this case the</add><lb/> | ||
punishment <del>does</del> <add>yields it</add> not of course. <add>Indeed</add> It is strictly speaking<lb/> | punishment <del>does</del> <add>yields it</add> not of course. <add>Indeed</add> It is strictly speaking<lb/> | ||
never the punishment itself that yields it, but another<lb/> | never the punishment itself that yields it, but another<lb/> | ||
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<add>it is not necessary that it should be <hi rend="underline">given</hi> to any one:</add> it may be <sic>render'd</sic> <hi rend="underline">common</hi> or <sic>destroy'd</sic>. It is by<lb/> | <add>it is not necessary that it should be <hi rend="underline">given</hi> to any one:</add> it may be <sic>render'd</sic> <hi rend="underline">common</hi> or <sic>destroy'd</sic>. It is by<lb/> | ||
a separate operation of Law that it is given to another.<lb/> | a separate operation of Law that it is given to another.<lb/> | ||
When <del>it is</del> this other <del>that</del> <add>is one who</add> has been a sufferer by the offence<lb/> | When <del>it is</del> this other <del><add>that</add></del> <add>is one who</add> has been a sufferer by the offence<lb/> | ||
it is then said to be given in compensation.</p> | it is then said to be given in compensation.</p> | ||
<note>Whether full Compensation<lb/> | <note>Whether full Compensation<lb/> | ||
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<p>Punishment then <del>does not</del> it is plain does not<lb/> | <p>Punishment then <del>does not</del> it is plain does not<lb/> | ||
necessarily suppose a compensation of the lucrative kind,<lb/> | necessarily suppose a compensation of the lucrative kind,<lb/> | ||
which is that alone we shall <add>henceforward</add> have in view in speaking<lb/> | which is that alone we shall <add>henceforward</add> have in <unclear>view</unclear> in speaking<lb/> | ||
of | of Compensation. But Compensation<add>when made at the <sic>expence</sic> of one who is unwilling to yield it</add> does necessarily <add>suppose</add></p> | ||
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13Compensation
Lucrative Compensation the
effect concomitant
only of only
one sort of Punishment
Compensation of the vindictive kind whether it be
for this end or no is always the one effect of
punishment, the producing yielding a compensation of the vindictive kind with reference to those who suffer from
the offence is whether it be the end or no, is always
one effect of punishment, so as they do but know of
it: and thus of whatever kind be the punishment.
This is not the case with lucrative compensation. The
only kind of punishment which can yield it is but
one out of a multitude: to wit pecuniary,
or one that has the
effect of pecuniary. Whether Even this can yield it, depends
upon the circumstances of the criminaloffender. The sphere
of lucrative compensation is therefore much more contracted
than that of vindictive.
Nor necessarily
of that
When Although the punishment is be pecuniary, and the circumstances
of the offender [are] be favourable, even [there] in this case the
punishment does yields it not of course. Indeed It is strictly speaking
never the punishment itself that yields it, but another
operation. By the [pecuniary] punishment some article or thing
of value is taken awayfrom the offender. But when taken away,
it is not necessary that it should be given to any one: it may be render'd common or destroy'd. It is by
a separate operation of Law that it is given to another.
When it is this other that is one who has been a sufferer by the offence
it is then said to be given in compensation.
Whether full Compensation
be proper
in all cases.
Punishment then does not it is plain does not
necessarily suppose a compensation of the lucrative kind,
which is that alone we shall henceforward have in view in speaking
of Compensation. But Compensationwhen made at the expence of one who is unwilling to yield it does necessarily suppose
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Identifier: | JB/100/195/001"JB/" can not be assigned to a declared number type with value 100. |
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not numbered |
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100 |
punishment |
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195 |
compensation |
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001 |
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text sheet |
4 |
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recto |
f13 / f14 / f15 / f16 |
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jeremy bentham |
[[watermarks::v g [sic] propatria [britannia motif]]] |
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caroline vernon |
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32211 |
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