date

1821. April 17. First Lines
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.
Similar Items
  • 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.
  • Title: [[clx. 193] 1821. April 20.]
    Description: [clx. 193]

    1821. April 20.

    First Lines

    Judiciary

    /Procedure

    Non penal and Penal/

    Aspect of the cause or suit - non penal or penal.

    By a non penal cause, understand that sort of excuse in which, in addition /over and above/ to the suffering unavoidably attached to the burthen of relief redress or compensation, no additional /ulterior/ burthen is for the purpose of punishment imposed.

    A cause is rendered penal in either of two ways by substitution or by addition made of punishment to relief or compensation: by punishment substituted to relief or compensation or added to it.

    1. Where evil has been done, but no assignable individual to whom it applies to the exclusion of all others /any other/ there is no individual to whom in particular relief can be afforded or compensation made. In this case, punishment must, if any, be the shape in which if in any, the inducement to forbearance must be presented.

    In this case are the several offences appertaining to the class intituled offences against individuals.

    Causes of this description may be stiled penal on account of an individual specially injured.

    2 Causes penal by reason of aggravation. In these causes to the burthen of compensation, if there be an individual specially injured, suffering, for the purpose of punishment, is added. If there be no such individual, punishment exceeding that which is added in a cause which is penal only for want of an individual injured is employed.

    To those penal causes which are such by reasons of aggravation, the adjunct criminal may be applied.
  • Title: [1821. April 17. First Lines.]
    Description: 1821. April 17.

    First Lines.

    Penal Law.

    In the origin from whence he deduced the word, indicative of the demand for, or propriety of, the punishment - the sufferings - he was occupied in the application of, he found a pretence for tyranny:- for tyranny, exercising itself in the taking of vengeance. The term which is not applicable without hazarding the production of useless punishment to an indefinite extent, where evil in the shape of punishment is to be applied, is, and ever was, in use to be employed, without hazard of any such evil, at any rate where, on the occasion of a contract for service between individual and individual, good, in the shape of reward, was to be applied: the service has been performed: on /By/ the one part, the work contracted for has been done - the service has been performed: at the hands and at the expence of the other, title has been made to the correspondent service: the pay - the reward - has been deserved.

    Hence, arise two radical positions /rules/ -

    Objects which punishment ought never to propose to itself are - 1. vengeance: 2. Compensation, in so far as the nature of the case admitts of the application of it for the evil produced by the misdeed: 2. prevention of the commission of similar misdeeds in future, as well by the misdoer himself as by all other individuals taken at large.

    Exacted