date

1821. April 17. First Lines
1821. April 17.

First Lines

Penal Law.

Satisfaction has been distinguished into lucrative and vindictive. Lucrative is satisfaction in any shape, considered otherwise than with a view to vengeance. Vengeance is vindictive satisfaction is satisfaction in any shape, considered with a view to vengeance.

In no shape or quantity should suffering be created for the single purpose of affording satisfaction of the vindictive kind.

Only, when /if/, for the sake of others the community at large, punishment is inflicted, if there be any shape by which, without encrease of suffering to the wrong doer, satisfaction to the individual wronged, may be administered, that shape may be employed.

By that shape, the apprehension of the eventual punishment may, moreover, be rendered the more impressive upon the mind of him on whom /on which/ the temptation to do the wrong is operating.

To.
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    Of the object or policy of the legislator in regard to wrongs - civil (i.e. non-criminal) wrongs, a general indication is given in two words - prevention, satisfaction: prevention in so far as they can be prevented, satisfaction, to be applied in the several individual instances in which the general arrangments directed to the object of prevention happen to have failed.

    Satisfaction may be burthen, or say, damage without wrong. Satisfaction for wrong, is benefit bestowed and received, in consideration of wrong done and suffered.

    Synonymous to satisfaction are compensation, indemnification, retribution: reparation, redress, relief.

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  • Title: [1821. April 17. First Lines]
    Description: 1821. April 17.

    First Lines

    Penal Law.

    Exacted at the expence of the evil doer

    , compensation necessitates suffering: exacted in

    consideration of, and in proportion to, the evil done by him, that

    suffering, by the whole amount of it, operates as punishment.

    In the first place, Compensation for the party injured; in the next

    place, over and above compensation, punishment for the benefit of the

    public — punishment for appeasement of the wrath of the offended and

    exasperated wrathful monarch — such is the arithmetic

    of tyranny. Punishment including,

    to the profit of the monarch, the exaction of the

    whole of that matter by which compensation to the individual injured might

    have been afforded; after that, compensation or no compensation to the

    individual injured.

    Such is the order, the method of tyranny. Compensation by one course of

    procedure; punishment by another and a different course of procedure;

    reformation, by health given to the soul by a third and different course of

    procedure — such is the arithmetic of lawyercraft —

    confededrate partner and instrument of tyranny; of

    lawyercraft in its most rapacious character, and elaborated part —

    the character and goal of the English lawyer.

    Compensation and satisfaction are synonymous. Of the word compensation the

    psychological

    import has its root in the physical idea of

    weight: compensation is weight for weight: satisfaction is giving enough

    for what has been suffered: enough of good for the evil that has been

    suffered: in such sort that the weight of the

    good in the seale of enjoyment shall be equal to

    the weight of the evil in the seale of suffering.
  • Title: [1821. April 17. First Lines]
    Description: 1821. April 17.

    First Lines

    Penal Law.

    Exacted at the expence of the misdoer /evil doer/, compensation necessitates suffering: exacted in consideration of, and in proportion to, the evil done by him, that suffering, by the whole amount of it, operates as punishment.

    In the first place, Compensation for the party injured; in the next place, over and above compensation, punishment for the benefit of the public - punishment for appeasement of the wrath of the offended and wrathful /exasperated/ monarch - such is the arithmetic of tyranny. Punishment including, the exaction to the profit of the Monarch, the exaction of the whole of that matter by which compensation to the individual injured might have been afforded; after that, compensation or no compensation to the individual injured.

    Such is the order, the method of tyranny. Compensation by one course of procedure; punishment by another and a different course of procedure; reformation, by health given to the soul by a third and different course of procedure - such is the arithmetic of lawyercraft - confederate partner and instrument of tyranny; of lawyercraft in its most rapacious character, and elaborated garb - the chararcter and garb of the English lawyer.

    Compensation and satisfaction are synonymous. Of the word compensation the psychological import has its root in the physical idea of weight: compensation is weight for weight: satifaction is giving enough for what has been suffered: enough of good for the evil that has been suffered: in such sort that the weight of the evil /good/ in the scale of enjoyment shall be equal to the weight of the evil in the scale of suffering.