★ Find a new page on our Untranscribed Manuscripts list.
No edit summary |
No edit summary |
||
| Line 14: | Line 14: | ||
Restitution I have called a part of compensation : it <lb/> | Restitution I have called a part of compensation : it <lb/> | ||
is plain it can never be the whole. <unclear>For but</unclear><lb/> | is plain it can never be the whole. <unclear>For but</unclear><lb/> | ||
the <add>very</add> substance <add>that was taken be restored</add>be returned;it is plain the | the <add>very</add> substance <add>that was taken be restored</add>be returned;it is plain the parties<lb/> | ||
are not <add>by <sic>varius</sic> means</add> in the same state <add>plight</add> they would have been if<lb/> | are not <add>by <sic>varius</sic> means</add> in the same state <add>plight</add> they would have been if<lb/> | ||
it never had been taken : the party | it never had been taken : the party damaged has <add>constantly</add> lost<lb/> | ||
and the offender has <add>probably</add> gained the use of the thing<lb/> | and the offender has <add>probably</add> gained the use of the thing<lb/> | ||
for the time, whatever it be, during which it lay in<lb/> | for the time, whatever it be, during which it lay in<lb/> | ||
his hands <del>Before</del> | his hands <del>Before</del> In order then for the party damaged<lb/> | ||
to receive full <add>and adequate</add>compensation, he must receive <gap/><lb/> | to receive full <add>and adequate</add>compensation, he must receive <gap/><lb/> | ||
the thing itself that was taken a restitution in value<lb/> | the thing itself that was taken a restitution in value<lb/> | ||
| Line 29: | Line 29: | ||
<gap/>in part to prevent public</note> | <gap/>in part to prevent public</note> | ||
Now then whether the damage of the offence <add>have or have</add> <gap/><lb/> | Now then whether the damage of the offence <add>have or have</add> <gap/><lb/> | ||
<add>not been</add>be not converted to the | <add>not been</add><del>be not</del> converted to the | ||
profit of the offender, there is one<lb/> | profit of the offender, there is one<lb/> | ||
good effect [which] will universally follow from compensation.<lb/> | good effect [which] will universally follow from compensation.<lb/> | ||
This is is the < | This is is the <del>contributing</del> concurring with the<lb/> | ||
preventative efficacy of punishment in lessening the<add>this</add><lb/> | preventative efficacy of punishment in lessening the<add>this</add><lb/> | ||
pain of apprehension<add>[ . ]<note>marginal note text</note></add>which <add>persons in general</add>other men are apt to | pain of apprehension<add>[ . ]<note>marginal note text</note></add>which <add>persons in general</add>other men are apt to put<lb/> | ||
at the <add> | at the <add>discovery</add>observation of the suffering of the party damaged,<lb/> | ||
and the <add>apprehension</add>expectation of suffering the | and the <add>apprehension</add>expectation of suffering the like themselves. They<lb/> | ||
know that in the way of Prevention the efficacy of Punishment<lb/> | know that in the way of Prevention the efficacy of Punishment<lb/> | ||
Compensation.
individual thing that was taken lost is restored : it may be
termed restitution in value, when not the same thing is
returned, but a sum of money or something of equal
value.
Restitution I have called a part of compensation : it
is plain it can never be the whole. For but
the very substance that was taken be restoredbe returned;it is plain the parties
are not by varius means in the same state plight they would have been if
it never had been taken : the party damaged has constantly lost
and the offender has probably gained the use of the thing
for the time, whatever it be, during which it lay in
his hands Before In order then for the party damaged
to receive full and adequatecompensation, he must receive
the thing itself that was taken a restitution in value
for the use of it during the time in question.
The same observation holds equally good with respect
to the use of a sum of money.
Benefits that result from compensation in all cases. 1st to the
in part to prevent public
Now then whether the damage of the offence have or have
not beenbe not converted to the
profit of the offender, there is one
good effect [which] will universally follow from compensation.
This is is the contributing concurring with the
preventative efficacy of punishment in lessening thethis
pain of apprehension[ . ]marginal note textwhich persons in generalother men are apt to put
at the discoveryobservation of the suffering of the party damaged,
and the apprehensionexpectation of suffering the like themselves. They
know that in the way of Prevention the efficacy of Punishment
|
Identifier: | JB/100/195/004"JB/" can not be assigned to a declared number type with value 100. |
|||
|---|---|---|---|
|
not numbered |
|||
|
100 |
punishment |
||
|
195 |
compensation |
||
|
004 |
|||
|
text sheet |
4 |
||
|
recto |
f13 / f14 / f15 / f16 |
||
|
jeremy bentham |
[[watermarks::v g [sic] propatria [britannia motif]]] |
||
|
caroline vernon |
|||
|
32211 |
|||
