[094-185]

20 Jan y 1808

Scotch Reform

Letter V

Ch 5. Malâ fide Appeal

how prevented

For where is that instance, that individual instance, in which it can be for the advantage to the community, in point of justice, in point of security, that the wrongdoer should reap, should be seen to reap or be suspected of having reaped a profit from his own wrong?

But since the calculation made in the way of judicature can seldom be exactly and to a [...?] [...?] commensurable with the trouble, since in other words, error on our side as[?] other, must be a frequent result, on which side ought it to be guarded against with the greatest /superior/ care? Unquestionably, on that side which would have the wrongdoer in possession of any part of the fruit of his own wrong. If assurances be [...?] that the sum he can be adjudged to pay exactly equal to the sum due, better he should pay too much than pay too little. That by which he was made to pay too little would operate in the way of encouragement to evildoers /wrongdoers/: that by which he were made to pay too much, [...?] so much more than was requested for the purpose of compensation, of satisfaction, will not be bad[?], the [...?] attached to the forced payment of it will not be thrown away: it will operate, and operate with useful effect in the character of punishment: its effects of the second order will to all on the side of good.+