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<p><!-- pencil -->(5)</p> | |||
' | <p>Having provided for the prevention of future<lb/> | ||
offences on the part of the same offender<lb/> | |||
& of others, a further <del>obj</del> object of the legislator<lb/> | |||
<del>is to make compensation or amends as<lb/> | |||
far as may be to the individual sufferer</del><lb/> | |||
ought to be to <del><gap/></del> <add>make reparation,</add> as far as may be <add>for</add> the<lb/> | |||
injury that has been done, – to make compensation<lb/> | |||
or amends to the party injured, – <del>that is</del><lb/> | |||
by bestowing upon him as much pleasure<lb/> | |||
as shall be equivalent to the pain <del>he seems<lb/> | |||
likely to suffer in consequence of the end<lb/> | |||
mischief</del> to which he has been subjected.</p> | |||
<p>The making <del>this con</del> such compensation<lb/> | |||
the propriety of which has been <del>more</del><lb/> | |||
fully explained in another work,* <note>* Fraite's &c †.II p.310</note> does<lb/> | |||
not appear to <del>bel</del> belong to the subject of<lb/> | |||
punishment, since <del>it affects not the<lb/> | |||
delinquent but another person, and appears<lb/> | |||
it</del> at first sight <del>to be a subject</del> it may<lb/> | |||
<del>appear a subject not <gap/></del> <add>be considered as <del>foreign to the interests of</del> affecting not</add> the delinquent<lb/> | |||
<add>but</add> <del><gap/> <gap/> <gap/> & <gap/> <add>not</add> affecting<lb/> | |||
nor him his <add><gap/></add></del> the party injured <del><add>alone</add> but the</del> | |||
upon a narrower examination it will however be found that the<lb/> | |||
two objects have <del>however</del> a substantial<lb/> | |||
& intimate connection. There are some <del>proper</del><lb/> | |||
punishments which <del>possess both the</del> unite<lb/> | |||
the qualities of affording compensation to<lb/> | |||
the sufferer and <add>at the same time of</add> inflicting upon the delinquent<lb/> | |||
a proportional <del>suff</del> punishment. Thus<lb/> | |||
the two objects are accomplished by one &<lb/> | |||
the same operation. It is this that in<lb/> | |||
many cases <del>gives to pecuniary punishments</del> <add>constitutes the</add><lb/> | |||
<del>a</del> supereminent advantage possessed by<lb/> | |||
pecuniary punishment.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Ready_For_Review}} |
(5)
Having provided for the prevention of future
offences on the part of the same offender
& of others, a further obj object of the legislator
is to make compensation or amends as
far as may be to the individual sufferer
ought to be to make reparation, as far as may be for the
injury that has been done, – to make compensation
or amends to the party injured, – that is
by bestowing upon him as much pleasure
as shall be equivalent to the pain he seems
likely to suffer in consequence of the end
mischief to which he has been subjected.
The making this con such compensation
the propriety of which has been more
fully explained in another work,* * Fraite's &c †.II p.310 does
not appear to bel belong to the subject of
punishment, since it affects not the
delinquent but another person, and appears
it at first sight to be a subject it may
appear a subject not be considered as foreign to the interests of affecting not the delinquent
but & not affecting
nor him his the party injured alone but the
upon a narrower examination it will however be found that the
two objects have however a substantial
& intimate connection. There are some proper
punishments which possess both the unite
the qualities of affording compensation to
the sufferer and at the same time of inflicting upon the delinquent
a proportional suff punishment. Thus
the two objects are accomplished by one &
the same operation. It is this that in
many cases gives to pecuniary punishments constitutes the
a supereminent advantage possessed by
pecuniary punishment.
Identifier: | JB/141/011/002"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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011 |
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002 |
rule 4 / rule 5 |
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copy/fair copy sheet |
2 |
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recto |
f7 / f5 |
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richard smith |
[[watermarks::[britannia with shield emblem]]] |
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48228 |
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