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<head><!-- in pencil -->Obs.</head>
 
<p><note><!-- in pencil -->Secret Committees 3. Enquiries relative to the circumstances of parties</note> As to the extending of the veil of secrecy to incidental<lb/>
questions touching the pecuniary circumstances<lb/>
of parties this is an instance in which the propriety<lb/>
and importance of such an extensive case<lb/>
not be fully judged of till the occasions which<lb/>
may call for such enquiry come to be specified.<lb/>
The adjustment of pecuniary punishment and<lb/>
of pecuniary compensation <add>satisfaction</add> to the <add>respective</add> circumstances of<lb/>
the parties was the purpose I had principally<lb/>
in view. In the former case the <add>mere</add> obligation of<lb/>
discovering <add>laying open to all the world</add> the situation of a man's affairs may<lb/>
of itself be a punishment in many cases severer<lb/>
than that which was intended by the law. In<lb/>
the latter case this punishment would <add>might</add> fall <del>equally</del><lb/>
upon the innocent <del><add>no less heavy than upon</add> and the guilty</del> and injured<lb/>
to whom the satisfaction was meant to be<lb/>
administered <add>given</add> than upon the injurer at whose<lb/>
<sic>expence</sic> it was meant to be given. True it is<lb/>
that where the whole amount of what is necessary<lb/>
to compose a <sic>compleat</sic> satisfaction is forthcoming <note>any inquiry into</note><lb/>
the <add>pecuniary</add> circumstances of the party who is<lb/>
to receive it would be altogether useless and impertinent:<lb/>
but <del>this is not the case</del> where the <sic>burthen</sic><lb/>
of satisfaction has risen to the utmost amount of<lb/>
what is requisite to answer the ends of punishment <add>as</add></p>
 
<pb/>





Revision as of 22:03, 9 October 2012

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Obs.

Secret Committees 3. Enquiries relative to the circumstances of parties As to the extending of the veil of secrecy to incidental
questions touching the pecuniary circumstances
of parties this is an instance in which the propriety
and importance of such an extensive case
not be fully judged of till the occasions which
may call for such enquiry come to be specified.
The adjustment of pecuniary punishment and
of pecuniary compensation satisfaction to the respective circumstances of
the parties was the purpose I had principally
in view. In the former case the mere obligation of
discovering laying open to all the world the situation of a man's affairs may
of itself be a punishment in many cases severer
than that which was intended by the law. In
the latter case this punishment would might fall equally
upon the innocent no less heavy than upon and the guilty and injured
to whom the satisfaction was meant to be
administered given than upon the injurer at whose
expence it was meant to be given. True it is
that where the whole amount of what is necessary
to compose a compleat satisfaction is forthcoming any inquiry into
the pecuniary circumstances of the party who is
to receive it would be altogether useless and impertinent:
but this is not the case where the burthen
of satisfaction has risen to the utmost amount of
what is requisite to answer the ends of punishment as


---page break---




Identifier: | JB/051/298/001"JB/" can not be assigned to a declared number type with value 51.

Date_1

Marginal Summary Numbering

not numbered

Box

051

Main Headings

evidence; procedure code

Folio number

298

Info in main headings field

obs.

Image

001

Titles

Category

text sheet

Number of Pages

2

Recto/Verso

recto

Page Numbering

f17 / f18

Penner

jeremy bentham

Watermarks

[[watermarks::[britannia with shield emblem]]]

Marginals

jeremy bentham

Paper Producer

Corrections

Paper Produced in Year

Notes public

ID Number

16463

Box Contents

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