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42.
C
Of Compensation.
1. Compensation
answers the purpose
of punishment --
will answer the purpose of punishment; but punishment
will not answer the purpose of compensation. By compensation
therefore, the two great ends of Justice are both
answered at a time: by punishment, only one.
2. -- better even
than punishment
itself.
2. What is disposed of in the way of compensation
answers the purpose in many cases even in a better manner
than the same sum disposed of professedly for the sole
purpose of punishment; for if a man is to incur a certain
loss, he will suffer more to think that his adversary is to
reap the profit than if the profit were to be reaped by
any other indifferent party; for instance the public treasury.
3. The public can
better afford than an
individual even to bear
a loss.
3. The public can better afford even to bear a loss, than any
individual. 1. In an individual the loss would produce a greater senation
than in the public even though it were expected. By breaking
down a loss into impalpable portions, the pressure of it is lessened upon the
-----
Note.
practice is comformable to the above rules. If the rules be right
this is not to be wondered at: since all systems of Law that exist
hitherto, are pieces of patch work made up at different times upon precipitate
and partial Views.
Identifier: | JB/098/042/002"JB/" can not be assigned to a declared number type with value 98. |
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not numbered |
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098 |
penal code |
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042 |
of compensation |
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002 |
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copy/fair copy sheet |
4 |
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recto |
f41 / f42 / f43 / f44 |
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[[watermarks::myears [lion with crown emblem]]] |
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caroline fox |
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31650 |
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