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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.
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