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26<lb/><lb/><head>Compensation.</head><lb/><note><del>Mischief that may</del><lb/><del>ensue from giving</del><lb/><del>more than a full</del><lb/><del>compensation.</del></note><lb/>When the party <del>endamaged</del> <add>author of an injury</add> to whom the damage is im-<lb/>-puted is richer than the party <add>on whom it falls</add> originally enda-<lb/><add>in the first instance</add> -maged it may very well happen <del><gap/></del> that more<lb/>punishment is necessary to be exacted for the pur-<lb/><note>Cases where what is<lb/>proper for Preventi-<lb/>-on may be greater<lb/>or less than what is<lb/>proper for Compensa-<lb/>-tion<lb/><gap/> <gap/></note><lb/>-pose of prevention, than, if it be all pecuniary,<lb/>it is fit should be applied to the purpose of com-<lb/>-pensation.<lb/><lb/><del>At the same time</del> <add>On the other hand</add> what is sufficient for the purpose<lb/>of compensation may not be sufficient for the purpose<lb/><note><del>Mischief that may</del><lb/><del>ensue from inflict-</del><lb/><del>-ing no more pun-</del><lb/><del>-ishment</del></note><lb/>of prevention: because the same sum that will be<lb/>sufficient to make one man amends will not be<lb/>sufficient to <add>afford compensation</add> <del><gap/></del> to another <del><gap/></del> <add>although</add> as near<lb/>as can be judged if he be in the same <add>circumstances &</add> situation<lb/>in every respect as the former.<lb/><lb/><note><gap/> <gap/><lb/><gap/> where it may<lb/>be greater.</note><lb/>If the sum allotted for compensation be obviously<lb/>and remarkably greater than the damage it is intended<lb/>to compensate, <del>the dangers</del> it affords | 26<lb/><lb/><head>Compensation.</head><lb/><note><del>Mischief that may</del><lb/><del>ensue from giving</del><lb/><del>more than a full</del><lb/><del>compensation.</del></note><lb/>When the party <del>endamaged</del> <add>author of an injury</add> to whom the damage is im-<lb/>-puted is richer than the party <add>on whom it falls</add> originally enda-<lb/><add>in the first instance</add> -maged it may very well happen <del><gap/></del> that more<lb/>punishment is necessary to be exacted for the pur-<lb/><note>Cases where what is<lb/>proper for Preventi-<lb/>-on may be greater<lb/>or less than what is<lb/>proper for Compensa-<lb/>-tion<lb/><gap/> <gap/></note><lb/>-pose of prevention, than, if it be all pecuniary,<lb/>it is fit should be applied to the purpose of com-<lb/>-pensation.<lb/><lb/><del>At the same time</del> <add>On the other hand</add> what is sufficient for the purpose<lb/>of compensation may not be sufficient for the purpose<lb/><note><del>Mischief that may</del><lb/><del>ensue from inflict-</del><lb/><del>-ing no more pun-</del><lb/><del>-ishment</del></note><lb/>of prevention: because the same sum that will be<lb/>sufficient to make one man amends will not be<lb/>sufficient to <add>afford compensation</add> <del><gap/></del> to another <del><gap/></del> <add>although</add> as near<lb/>as can be judged if he be in the same <add>circumstances &</add> situation<lb/>in every respect as the former.<lb/><lb/><note><gap/> <gap/><lb/><gap/> where it may<lb/>be greater.</note><lb/>If the sum allotted for compensation be obviously<lb/>and remarkably greater than the damage it is intended<lb/>to compensate, <del>the dangers</del> it affords ever a temptation<lb/>to entrap one another into the commission of the<lb/>offence.<hi rend="superscript">+</hi> [Hence the <del><gap/></del> <add>impropriety mischief</add> of] making the sum appointed<lb/><note><hi rend="superscript">+</hi>This is one reason for<lb/>not</note><lb/>for compensation in any case a <hi rend="underline">fixed</hi> one, especially<lb/>if there be no other punishment. <del><gap/> <gap/> <gap/> <gap/></del> <add>This</add><lb/><add>if least exceptionable way of settling such a</add> <del>where this any</del> fixed sum <del>be appointed for this purpose</del><lb/>by a general Law <del>and it <gap/> often happens</del> is by<lb/>calculating the damage at an average <add>a medium</add> of all the cases<lb/> in which it is like<del>l</del> to happen. This being the case it<lb/>must often happen that the compensation <add>will be</add> is obviously and remarkably | ||
26
Compensation.
Mischief that may
ensue from giving
more than a full
compensation.
When the party endamaged author of an injury to whom the damage is im-
-puted is richer than the party on whom it falls originally enda-
in the first instance -maged it may very well happen that more
punishment is necessary to be exacted for the pur-
Cases where what is
proper for Preventi-
-on may be greater
or less than what is
proper for Compensa-
-tion
-pose of prevention, than, if it be all pecuniary,
it is fit should be applied to the purpose of com-
-pensation.
At the same time On the other hand what is sufficient for the purpose
of compensation may not be sufficient for the purpose
Mischief that may
ensue from inflict-
-ing no more pun-
-ishment
of prevention: because the same sum that will be
sufficient to make one man amends will not be
sufficient to afford compensation to another although as near
as can be judged if he be in the same circumstances & situation
in every respect as the former.
where it may
be greater.
If the sum allotted for compensation be obviously
and remarkably greater than the damage it is intended
to compensate, the dangers it affords ever a temptation
to entrap one another into the commission of the
offence.+ [Hence the impropriety mischief of] making the sum appointed
+This is one reason for
not
for compensation in any case a fixed one, especially
if there be no other punishment. This
if least exceptionable way of settling such a where this any fixed sum be appointed for this purpose
by a general Law and it often happens is by
calculating the damage at an average a medium of all the cases
in which it is likel to happen. This being the case it
must often happen that the compensation will be is obviously and remarkably
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Identifier: | JB/100/198/002"JB/" can not be assigned to a declared number type with value 100. |
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not numbered |
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100 |
punishment |
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198 |
compensation |
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002 |
note |
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text sheet |
4 |
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recto |
f25 / f26 / f27 / f28 |
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jeremy bentham |
[[watermarks::v g [sic] propatria [britannia motif]]] |
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caroline vernon |
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32214 |
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