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<head>Indirect Legislation</head> | |||
<note>Mischief</note> | |||
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Where this expedient can not be <sic>employ'd</sic>, as where<lb/>the offender has it not in his power to do what<lb/>is requisite to afford the sufferer a compensation;<lb/>or where it ceases to be of advantage, as where<lb/>the <sic>burthen</sic> of making compensation imparts a<lb/>greater quantity of suffering <add>than ought to be <del>borne</del> inflicted</add><lb/>for the purpose of punishment, <del>there remains <add>the only method</add> nothing<lb/>either to let it rest upon the sufferer altogether</del> <add><del>of</del> there is no other way of lessening the ultimate sum of </add><lb/>suffering than by throwing the <sic>burthen</sic><lb/>on some third <del>party</del> <add>party <del>party or or persons</del></add> who is innocent but who<lb/><del>are</del> <add>is</add> better able to bear it than the person on whom<lb/>it fell in the first instance. Now <add>in regard to a <sic>burthen</sic> of the pecuniary kind</add> there are two circumstances<lb/>by which one person may be <sic>render'd</sic><lb/>better able to bear it than another: one is the <lb/>being prepared for it by <hi rend="underline">expectation</hi>: the other is<lb/>the having a greater fund for it to come out of. <note>v. Ch. [Sensibility]<lb/></note>On the first of these circumstances depends the usefulness<lb/>of <hi rend="underline">insurance </hi> <del>when carried on</del> <add>although <del>proposed</del> undertaken </add> by a person<lb/>no richer perhaps than the original sufferer: the<lb/>insurer having received his premium, <hi rend="underline">consents</hi>to run the risk and to prepare his mind accordingly:<lb/>on the latter depends the usefulness of a con- <note>-tribution</note> | |||
<!-- A horizontal line is drawn across the page. The following text has been crossed out. -->(a) <del>It has</del> <add>In a fair bargain, as hath</add> been very ingeniously observed by the Abbé de<lb/>Condillac <note>Le Commerce & le <lb/>gouvernement, considerés <lb/>relativement l'un a l'autre. <lb/>Amst. 1776 12<hi rend="superscript">mo</hi>. Ch. 1 & <unclear>4</unclear><lb/></note> each party is a gainer: each party by parting<lb/>with that which in his estimation is worth less, acquires<lb/>what in his estimation is worth more. If this were not the<lb/>case they would act each of them without a motive.<lb/> | |||
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5
Indirect Legislation
Mischief
Where this expedient can not be employ'd, as where
the offender has it not in his power to do what
is requisite to afford the sufferer a compensation;
or where it ceases to be of advantage, as where
the burthen of making compensation imparts a
greater quantity of suffering than ought to be borne inflicted
for the purpose of punishment, there remains the only method nothing
either to let it rest upon the sufferer altogether of there is no other way of lessening the ultimate sum of
suffering than by throwing the burthen
on some third party party party or or persons who is innocent but who
are is better able to bear it than the person on whom
it fell in the first instance. Now in regard to a burthen of the pecuniary kind there are two circumstances
by which one person may be render'd
better able to bear it than another: one is the
being prepared for it by expectation: the other is
the having a greater fund for it to come out of. v. Ch. [Sensibility]
On the first of these circumstances depends the usefulness
of insurance when carried on although proposed undertaken by a person
no richer perhaps than the original sufferer: the
insurer having received his premium, consentsto run the risk and to prepare his mind accordingly:
on the latter depends the usefulness of a con- -tribution
(a) It has In a fair bargain, as hath been very ingeniously observed by the Abbé de
Condillac Le Commerce & le
gouvernement, considerés
relativement l'un a l'autre.
Amst. 1776 12mo. Ch. 1 & 4
each party is a gainer: each party by parting
with that which in his estimation is worth less, acquires
what in his estimation is worth more. If this were not the
case they would act each of them without a motive.
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Identifier: | JB/087/133/001"JB/" can not be assigned to a declared number type with value 87. |
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indirect legislation |
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jeremy bentham |
[[watermarks::r williams [britannia with shield emblem]]] |
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c. hamilton |
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27658 |
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