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<p>1826. July 23<lb/> | |||
<head>Penal Code</head><lb/> | |||
<note>Ch. Damnification Simple or say Malitious</note></p> | |||
<p>Note the relation between damnification simple and<lb/> | |||
damnification lucrative.</p> | |||
<p>Damnification simple may be taken for <del>its subject</del> <add>a ground <del>for</del></add><lb/> | |||
of <add>indemnification and</add> punishment where intentional as to the result, and having<lb/> | |||
ill will for its motive. <del>It the</del> The result is then what is called<lb/> | |||
malitious mischief say more property malitiously produced<lb/> | |||
mischief.</p> | |||
<p>Damnification lucrative viz to the damnifier or<lb/> | |||
connection of his, can not with even a propriety or use<lb/> | |||
to take for punishment or indemnification, unless <del>the</del> in<lb/> | |||
the production of the result <hi rend="underline">unfair</hi> practice be employed.<lb/> | |||
For to this result <unclear>tends</unclear> all competition among traders: and<lb/> | |||
thence in a word all trade.</p> | |||
<p>As to what is to be understood by <hi rend="underline">unfair practice</hi> in trade<lb/> | |||
see B.1. Ch. Instruments of delinquency</p> | |||
<p>By burthen of compensation <add>responsibility <unclear>compensative</unclear> and <gap/></add> by compensative burthen<lb/> | |||
and punishment applied to damnification simple or say<lb/> | |||
<hi rend="underline">malitious</hi> <add>net</add> mischief to the community is produced; not so<lb/> | |||
by damnification lucrative or say self-lucrative.</p> | |||
<p>Simple may stand opposed to lucrative.</p> | |||
<p><hi rend="underline">Malitious</hi> can scarcely be regarded as <add>co extensive in its <unclear>import</unclear> <unclear>will</unclear></add> covering the whole<lb/> | |||
of the mischief: scarcely will <hi rend="underline">wanton</hi> or any <hi rend="underline"><gap/></hi> be regarded<lb/> | |||
as included under it.</p> | |||
<p><del>For wa <gap/></del> For repression of wanton damnification<lb/> | |||
burthen of compensation may generally <add>commonly</add> suffice: not so for repression<lb/> | |||
of <del>malitious</del> damnification when malitious.</p> | |||
<p>In case of damnification where <hi rend="underline"><gap/></hi> and plainly<lb/> | |||
illegal, lucrative as ever may be considered as <del><gap/></del> an <gap/>: i.e. as producing a demand for extra-punishment.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{In_Progress}} | ||
1826. July 23
Penal Code
Ch. Damnification Simple or say Malitious
Note the relation between damnification simple and
damnification lucrative.
Damnification simple may be taken for its subject a ground for
of indemnification and punishment where intentional as to the result, and having
ill will for its motive. It the The result is then what is called
malitious mischief say more property malitiously produced
mischief.
Damnification lucrative viz to the damnifier or
connection of his, can not with even a propriety or use
to take for punishment or indemnification, unless the in
the production of the result unfair practice be employed.
For to this result tends all competition among traders: and
thence in a word all trade.
As to what is to be understood by unfair practice in trade
see B.1. Ch. Instruments of delinquency
By burthen of compensation responsibility compensative and by compensative burthen
and punishment applied to damnification simple or say
malitious net mischief to the community is produced; not so
by damnification lucrative or say self-lucrative.
Simple may stand opposed to lucrative.
Malitious can scarcely be regarded as co extensive in its import will covering the whole
of the mischief: scarcely will wanton or any be regarded
as included under it.
For wa For repression of wanton damnification
burthen of compensation may generally commonly suffice: not so for repression
of malitious damnification when malitious.
In case of damnification where and plainly
illegal, lucrative as ever may be considered as an : i.e. as producing a demand for extra-punishment.
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Identifier: | JB/067/335/001"JB/" can not be assigned to a declared number type with value 67. |
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1826-07-23 |
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067 |
penal code |
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335 |
penal code |
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001 |
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text sheet |
1 |
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recto |
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jeremy bentham |
j whatman turkey mill 1824 |
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jonathan blenman |
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1824 |
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22168 |
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