PRIVATE

28 June 1807

(*2) (9) (1)

Note

Letter V

II. Litigation

Satisfaction

6

Satisfaction (for wrong) [...?]

Satisfaction may be for damage without wrong. satisfaction for wrong, is benefit bestowed and received, in consideration of wrong and sustained.

Synonymous to satisfaction: indemnity, identification, retribution, reparation, redress, relief.

In itself, according to the opinion and feelings of the party wronged, satisfaction is never full and adequate, untill the benefit received is equal, at least equal, in value to the wrong sustained: insomuch that, in a case exactly similar, it would be matter of indifference to him whether to experience the wrong and the satisfaction, both: or to experience neither: the wrong, and with it the damage being supposed to be followed by the satisfaction at the same distance in [...?] and of them[?] in both cases.

In this as in other respects no man's real feelings being capable of being perfectly and correctly known to any one by himself, a third person who in the character of legislator or that of Judge can no otherwise in any instance form his judgment whether any benefit proposed in the character of satisfaction be or be not full and adequate, than by considering whether it would be so to himself in that same case, making the most correct allowance he is able to make for all differences between the party and himself in respect of circumstances (external circumstances) and disposition (internal disposition).

By exterior marks, cases may however be sufficiently described in which it will appear to any one that what is given in the name of satisfaction can not be full and adequate.