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<p><head>Compensation – Tab. of Contents</head></p> | |||
<head> | <p>Why the right of receiving<lb/> | ||
Compensation is made extinguishable<lb/> | |||
<p> | by lapse of Time. – Reasons –<lb/> | ||
1. After a certain time, not to receive<lb/> | |||
< | it, is no hardship.<lb/> | ||
2. – To pay it, is.<lb/> | |||
< | 3. Apprehension of punishment<lb/> | ||
should have an end.<lb/> | |||
< | 4. Danger of groundless suits.</p> | ||
<p>Circumstances which save<lb/> | |||
compensation from being extinguished.<lb/> | |||
1. Ignorance.<lb/> | |||
< | 2. Impediment.<lb/> | ||
3. Fraud.<lb/> | |||
<hi rend=" | 4. Accident.</p> | ||
<p><head>§. XIII.</head></p> | |||
<hi rend="superscript"> | <p>In what shapes compensation<lb/> | ||
may be bestowed.<lb/> | |||
< | D<hi rend="superscript">o</hi> – Example. –</p> | ||
<p><head>§. XIV.</head></p> | |||
< | <p>Compensation survives the parties.<lb/><lb/> | ||
Reasons – 1. The contrary Institution<lb/> | |||
has no advantages.<lb/> | |||
</p> | 2. It would be a hardship to the Representative.<lb/> | ||
3. It would lessen the efficacy of the<lb/> | |||
punishment.<lb/> | |||
4. It might give the offender a chance<lb/> | |||
of total impunity.<lb/> | |||
5. Which has worse consequences<lb/> | |||
when it proceeds from the Law itself,<lb/> | |||
than if from accident.<lb/> | |||
6. In that case it would be apt<lb/> | |||
to operate as a positive encouragement,<lb/> | |||
in some cases to criminality.<lb/> | |||
7 – And in all, to vexatious litigation.</p> | |||
<p>Let compensation to the heir<lb/> | |||
be ample. Reasons –<lb/> | |||
That the Heir may gain more<lb/> | |||
by prosecuting than conniving.</p> | |||
<p>Compensation shall depend<lb/> | |||
upon Representatives. Reasons<lb/> | |||
1. Not to receive it would be a hardship<lb/> | |||
2. To pay it will be none to representatives.</p> | |||
<p><head>§. XV.</head></p> | |||
<p>Compensation shall take place<lb/> | |||
of Punishment.<lb/> | |||
D<hi rend="superscript">o</hi> – Reasons – 1. Compensation<lb/> | |||
answers the purpose of punishment.<lb/> | |||
2. – better even than punishment<lb/> | |||
itself.<lb/> | |||
3 – The public can better afford than<lb/> | |||
an individual even to bear a loss.<lb/> | |||
4. – Much more, not to make a gain.</p> | |||
<pb/> | |||
<p>For Compensation in<lb/> | |||
particular cases See<lb/> | |||
1. Polygamy. 2. Rape.<lb/> | |||
3. Co-offenders.</p> | |||
<p>Institution – equivalent<lb/> | |||
for when by accident it<lb/> | |||
would be too onerous</p> | |||
<pb/> | <pb/> | ||
<p>Satisfaction is either<lb/> | |||
1. de præsenti: or 2.<lb/> | |||
de futuro.<lb/> | |||
Satisfaction de præsenti<lb/> | |||
is compensation<lb/> | |||
Satisfaction de futuro<lb/> | |||
includes <hi rend="underline">restitution</hi> where<lb/> | |||
the offence is against<lb/> | |||
property<lb/> | |||
It includes in all<lb/> | |||
cases Security or<lb/> | |||
<hi rend="underline">Securation</hi>, where necessary</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{In_Progress}} | ||
Compensation – Tab. of Contents
Why the right of receiving
Compensation is made extinguishable
by lapse of Time. – Reasons –
1. After a certain time, not to receive
it, is no hardship.
2. – To pay it, is.
3. Apprehension of punishment
should have an end.
4. Danger of groundless suits.
Circumstances which save
compensation from being extinguished.
1. Ignorance.
2. Impediment.
3. Fraud.
4. Accident.
§. XIII.
In what shapes compensation
may be bestowed.
Do – Example. –
§. XIV.
Compensation survives the parties.
Reasons – 1. The contrary Institution
has no advantages.
2. It would be a hardship to the Representative.
3. It would lessen the efficacy of the
punishment.
4. It might give the offender a chance
of total impunity.
5. Which has worse consequences
when it proceeds from the Law itself,
than if from accident.
6. In that case it would be apt
to operate as a positive encouragement,
in some cases to criminality.
7 – And in all, to vexatious litigation.
Let compensation to the heir
be ample. Reasons –
That the Heir may gain more
by prosecuting than conniving.
Compensation shall depend
upon Representatives. Reasons
1. Not to receive it would be a hardship
2. To pay it will be none to representatives.
§. XV.
Compensation shall take place
of Punishment.
Do – Reasons – 1. Compensation
answers the purpose of punishment.
2. – better even than punishment
itself.
3 – The public can better afford than
an individual even to bear a loss.
4. – Much more, not to make a gain.
---page break---
For Compensation in
particular cases See
1. Polygamy. 2. Rape.
3. Co-offenders.
Institution – equivalent
for when by accident it
would be too onerous
---page break---
Satisfaction is either
1. de præsenti: or 2.
de futuro.
Satisfaction de præsenti
is compensation
Satisfaction de futuro
includes restitution where
the offence is against
property
It includes in all
cases Security or
Securation, where necessary
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Identifier: | JB/143/040/003"JB/" can not be assigned to a declared number type with value 143. |
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143 |
punishment |
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040 |
compensation tab. of contents satisfaction |
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003 |
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plan |
2 |
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recto |
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[[watermarks::s. lay [britannia with shield motif]]] |
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alexander mavrokordatos |
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48673 |
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