29 June 1807

(1)

Note Legislator

Letter V

II. Litigation

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.

Satisfaction, as far as it operates, is the instrument which, where administered as it naturally will be at the charge, or say the expence, of the author of the wrong, is the instrument operating to the best advantage to the purpose of prevention; and this for two reasons. 1. Whatever burthen is applied to this or any other purpose in the shape of punishment, or any other shape in which satisfaction is not included, produces suffering merely, without producing enjoyment any where, unless it be the sort of enjoyment in one part the inseparable however collateral and level[?] headed[?] result on one side of punishment applied to the other, viz. gratification of the appetite of enemity on the side of the party wronged: whereas a burthen which operates in the shape of satisfaction, produces along with the suffering enjoyment, which though commonly inferior to the concomitant suffering, is always so much more enjoyment than would have existed otherwise. 2. Whatsoever burthen, on its being applied to the wrongdoer, is at the same time seen or expected by him to be attended with a correspondent benefit in the shape of satisfaction, to his adversary, the party wronged, the apprehension of it is, in the shape of apprehended punishment, more impressive than it would be if unattended with such concomitant effect: the spectacle of the enjoyment on the one side being in prospect so much additional suffering on the other. Satisfaction is therefore in the character of punishment, not only more economical but more impressive, than that infliction which is pure punishment and nothing else itself.