A Bentham Hypertext

Introduction to the Principles of Morals and Legislation

In the 1823 edition of the Introduction to the Principles of Morals and Legislation, the last edition done in Bentham's lifetime, the table of contents included not only entries for the chapters and sections of the text, but also entries for the numbered (and labeled) “paragraph” of Bentham's text, as well as some of the footnotes. These “paragraph” entries are also included in the margins of the original text next to the corresponding paragraph. I have not tried to put the marginals in the web text, but I do attempt here to convert the original table of contents using web markup.

CONTENTS

• Preface

CHAPTER I

OF THE PRINCIPLE OF UTILITY

• I Mankind governed by pain and pleasure
• II Principle of utility, what
  • A principle, what
• III Utility, what
• IV Interest of the community, what
• VI An action conformable to the principle of utility, what
• VII A measure of government conformable to the principle of utility, what
• VIII Laws or dictates of utility, what
• IX A partisan or the principle of utility, who
• X Ought, ought not, right and wrong, &c. how to be understood
• XI To prove the rectitude of this principle is at once unnecessary and impossible
• XII It has seldom, however, as yet, been consistently pursued
• XIII It can never be consistently combated
• XIV Course to be taken for surmounting prejudice that may have been entertained against it

CHAPTER II

OF PRINCIPLES ADVERSE TO THAT OF UTILITY

• I All other principles than that of utility must be wrong
• II Ways in which a principle may be wrong
• Asceticism, origin of the word
• Principles of the Monks
• III Principle of asceticism what
• IV A partisan of the principle of asceticism, who
• V This principle has had in some a philosophical, in others a religious origin
• VI It has been earried farther by the religious party than by the philosophical
• VII The philosophical branch of it has had more influence among persons of education, the religious among the vulgar
• VIII The principle of asceticism has never been steadily applied by either party to the business of government
• IX The principle of asceticism, in its origin, was but that of utility misapplied
• X It can never be consistently pursued
• XI The principle of sympathy and antipathy, what
• XII This is rather the negation of all principle, than any thing positive
• XIII Sentiments of a partisan of the principle of antipathy
• XIV The systems that have been formed concerning the standard of right and wrong, are all reducible to this principle
• XIV, Note Various phrases, that have served as the characteristic marks of so many pretended systems
1. Moral Sense
2. Common Sense
3. Understanding
4. Rule of Right
5. Fitness of Things
6. Law of Nature
7. Law of Reason, Right Reason, Natural Justice, Natural Equity, and Good Order
8. Truth
9. Doctrine of Election
10. Repugnancy to Nature
• Mischief they produce
• Whether utility is actually the sole ground of all the approbation we ever bestow, is a different consideration
• XV This principle will frequently coincide with that of utility
• XVI This principle is most apt to err on the side of severity
• XVII But errs, in some instances, on the side of leniency
• XVIII The theological principal, what—not a separate principle
  • Note The principle of theology how reducible to one or another of the other three principles
• XIX Antipathy, let the actions it dictates be ever so right, is never of itself a right ground of action

CHAPTER III

OF THE FOUR SANCTIONS OR SOURCES OF PAIN AND PLEASURE

• I Connexion of this chapter with the preceding
• II Four sanctions or sources of pleasure and pain
  • III The physical sanction
  • IV The political
  • V The moral or popular
  • VI The religious
• VII The pleasures and pains which belong to the religious sanction, may regard either the present life or a future
• VIII Those which regard the present life, from which soever source they flow, differ only in the circumstances of their production
• IX Example
• X Those which regard a future life are not specifically known
• XI The physical sanction included in each of the other three
• XII Use of this chapter

CHAPTER IV

VALUE OF A LOT OF PLEASURE OR PAIN HOW TO BE MEASURED

• I Use of this chapter
• II Circumstances to be taken into the account in estimating the value of a pleasure or pain considered with reference to a single person, and by itself
• III —considered as connected with other pleasures or pains
• IV —considered with reference to a number of persons
• V Process for estimating the tendency of any act or event
• VI Use of the foregoing process
• VII The same process applicable to good and evil, profit and mischief, and all other modifications of pleasure and pain
• VIII Conformity of men's practice to this theory

CHAPTER V

PLEASURES AND PAINS, THEIR KINDS

• I Pleasures and pains are either, 1 Simple; or 2. Complex
• II The simple pleasures enumerated
• III The simple pains enumerated
• Note Analytical view, why none given
• IV 1. Pleasures of sense enumerated
• V 2. Pleasures of wealth, which are either of acquisition, or possession
• 3. Pleasures of skill
• VI 4. Pleasures of amity
• VII 5. Pleasures of a good name
• VIII 6. Pleasures of power
• IX 7. Pleasure of piety
• X 8. Pleasure of benevolence or good-will
• XI 9. Pleasures of malevolence or ill-will
• XII 10. Pleasures of the memory
• XIII 11. Pleasures of the imagination
• XIV 12. Pleasures of expectation
• XV 13. Pleasures depending on association
• XVI 14. Pleasures of relief
• XVII 1. Pains of privation
  These include,
  • XVIII Pains of desire
  • XVIX Pains of disappointment
  • XX Pains of regret
• XXI 2. Pains of the senses
  • Note No positive pains correspond to the pleasure of the sexual sense
  • Note No positive pains correspond to the pleasure of novelty
  • Note ---nor to those of wealth
• XXII 3. Pains of awkwardness
  • Note Is this a distinct positive pain, or only a pain of privation?
• XXIII 4. Pains of enmity
• XXIV 5. Pains of an ill-name
  • Note The positive pains of an ill-name, and the pains of privation, opposed to the pleasures of a good name, run into one another
  • Note No positive pains correspond to the pleasures of power
• XXV 6. Pains of piety
  • Note The positive pains of piety, and the pains of privation, opposed to the pleasures of piety, run into one another
• XXVI 7. Pains of benevolence
• XXVII 8. Pains of malevolence
• XXVIII 9. Pains of the memory
• XXIX l0. Pains of the imagination
• XXX 11. Pains of expectation
• XXXI 12. Pains of association
• XXXII Pleasures and pains are either self-regarding or extra-regarding
  • Note Pleasures and pains of amity and enmity distinguished from those of benevolence and malevolence
• XXXIII In what way the law is concerned with the above pains and pleasures
• Note Complex pleasures and pains omitted, why
• Note Specimen.---Pleasures of a country prospect

CHAPTER VI

OF CIRCUMSTANCES INFLUENCING SENSIBILITY

• I Pain and pleasure not uniformly proportioned to their causes
• II Degree or quantum of sensibility, what
• III Bias or quality of sensibility, what
• IV Exciting causes pleasurable and dolorific
• V Circumstances influencing sensibility, what
• VI Circumstances influencing sensibility enumerated
  • Note Extent and intricacy of this subject
• VII 1. Health
• VIII 2. Strength
  • Note Measure of strength, the weight a man can lift
  • Note Weakness, what
• IX 3. Hardiness
  • Note Difference between strength and hardiness
• X 4. Bodily imperfection
• XI 5. Quantity and quality of knowledge
• XII 6. Strength of intellectual powers
• XIII 7. Firmness of mind
• XIV 8. Steadiness
• XV 9. Bent of inclinations
• XVI 10. Moral sensibility
• XVII 11. Moral biases
• XVIII 12. Religious sensibility
• XIX 13. Religious biases
• XX 14. Sympathetic sensibility
• XXI 15. Sympathetic biases
• XXII 16,17 Antipathetic sensibility and biases
• XXIII 18. Insanity
• XXIV 19. Habitual occupations
• XXV 20. Pecuniary circumstances
• XXVI 21. Connexions in the way of sympathy
• XXVII 22. Connexions in the way of antipathy
• XXVIII 23. Radical frame of body
• XXIX 24. Radical frame of mind
  • Note Idiosyncrasy, what
• XXX This distinct from the circumstance of frame of body
  • Note Whether the soul be material or immaterial makes no difference
• XXXI ---and from all others
• XXXII Yet the result of them is not separately discernible
• XXXIII Frame of body indicates, but not certainly, that of mind
• XXXIV Secondary influencing circumstances
• XXXV 25. Sex
• XXXVI 26. Age
• XXXVII 27. Rank
• XXXVIII 28. Education
• XXXIX 29. Climate
• XL 30. Lineage
• XLI 31. Government
• XLII 32. Religious profession
• XLIII Use of the preceding observations
• XLIV How far the circumstances in question can be taken into account
• XLV To what exciting causes there is most occasion to apply them
• XLVI Analytical view of the circumstances influencing sensibility
  • Note Analytical view of the constituent articles in a man's pecuniary circumstances

CHAPTER VII

OF HUMAN ACTIONS IN GENERAL

• I The demand for punishment depends in part upon the tendency of the act
• II Tendency of an act determined by its consequences
• III Material consequences only are to be regarded
• IV These depend in part upon the intention
• V The intention depends as well upon the understanding as the will
• VI In an action are to be considered, 1. The act. 2. The circumstances. 3. The intentionality. 4. The consciousness. 5. The motives. 6. The disposition.
• VIII Acts positive and negative
  • Note Acts of omission are still acts
• IX Negative acts may be so relatively or absolutely
• X Negative acts may be expressed positively; and vice versâ
• XI Acts external and internal
• XII Acts of discourse, what
• XIII External acts may be transitive or intransitive
  • Note Distinction between transitive acts and intransitive, recognised by grammarians
• XIV A transitive act, its commencement, termination, and intermediate progress
• XV An intransitive act, its commencement, and termination
• XVI Acts transient and continued
• XVII Difference between a continued act and a repetition of acts
• XVIII Difference between a repetition of acts and a habit
• XIX Acts are indivisible, or divisible, and divisible, as well with regard to matter as to motion
• XX Caution respecting the ambiguity of language
• XXI Circumstances are to be considered
• XXII Circumstances, what
  • Note Circumstance, archetypation of the word
• XXIII Circumstances, material and immaterial
• XXIV A circumstance may be related to an event in point of causality, in four ways, viz. 1. Production. 2. Derivation. 3. Collateral connexion. 4. Conjunct influence
• XXV Example. Assassination of Buckingham
• XXVI It is not every event that has circumstances related to it in all those ways
• XXVII Use of this chapter

CHAPTER VIII

OF INTENTIONALITY

• I Recapitulation
• II The intention may regard, I. The act: or, 2. The consequences
  • Note Ambiguity of the words voluntary and involuntary
• III It may regard the act without any of the consequences
• IV ---or the consequences without regarding the act in all its stages
• V ---but not without regarding the first stage
  • Note An act unintentional in its first stage, may be so with respect to 1. Quantity of matter moved: 2. Direction. 3. Velocity
• VI A consequence, when intentional, may be directly so, or obliquely
• VII When directly, ultimately so, or mediately
• VIII When directly intentional, it may be exclusively so, or inexclusively
• IX When inexclusively, it may be conjunctively, disjunctively, or indeterminately so
• X When disjunctively, it may be with or without preference
  • Note Difference between an incident's being unintentional, and disjunctively intentional, when the election is in favour of the other
• XI Example
• XII Intentionality of the act with respect to its different stages how far material
• XIII Goodness and badness of intention dismissed

CHAPTER IX

OF CONSCIOUSNESS

• I Connexion of this chapter with the foregoing
• II Acts advised and unadvised; consciousness, what
• III Unadvisedness may regard either existence, or materiality
• IV The circumstance may have been present, past, or future
• V An unadvised act may be heedless, or not heedless
• VI A misadvised act. what,---a missupposal
• VII The supposed circumstance might have been material in the way either of prevention or of compensation
• VIII It may have been supposed present, past, or future
• IX Example, continued from the last chapter
• X In what case consciousness extends the intentionality from the act to the consequences
• XI Example continued
• XII A misadvised act may be rash or not rash
• XIII The intention may be good or bad in itself, independently of the motive as well as the eventual consequences
• XIV It is better when the intention is meant to be spoken of as being good or bad, not to say, the motive
• XV Example
• XVI Intention, in what cases it may be innocent
• XVII Intentionality and consciousness, how spoken of in the Roman law
• XVIII Use of this and the preceding chapter

CHAPTER X

OF MOTIVES

§I. Different senses of the word Motive

• I Motives, why considered
• II Purely speculative motives have nothing to do here
• III Motives to the will
• IV Figurative and unfigurative senses of the word
• V Motives interior and exterior
• VI Motive in prospect---motive in esse
• VII Motives immediate and remote
• VIII Motives to the understanding how they may influence the will

§2. No Motives either constantly good or constantly bad

• IX Nothing can act of itself as a motive, but the idea of pleasure or pain
• X No sort of motive is in itself a bad one
• XI Inaccuracy of expressions in which good or bad are applied to motives
• XII Any sort of motive may give birth to any sort of act
• XIII Difficulties which stand in the way of an analysis of this sort

§3. Catalogue of Motives corresponding to that of Pleasures and Pains

• XIV Physical desire corresponding to pleasures of sense in general
• XV The motive corresponding to the pleasures of the palate
• XVI Sexual desire corresponding to the pleasures of the sexual sense
• XVII Curiosity, &c. corresponding to the pleasures of curiosity
• XVIII None to pleasures of sense
• XIX Pecuniary interest to the pleasures of wealth
• XX None to the pleasures of skill
• XXI To the pleasures of amity, the desire of ingratiating one's self
• XXII To the pleasures of a good name, the love of reputation
• XXIII To the pleasures of power, the love of power
• XXIV The motive belonging to the religious sanction
• XXV Good-will, &c. to the pleasures of sympathy
• XXVI Ill-will, &c. to the pleasures of antipathy
• XXVII Self-preservation, to the several kinds of pains
• XXVIII To the pains of exertion, the love of ease
• XXIX Motives can only be bad with reference to the most frequent complexion of their effects
• XXX How it is that motives, such as lust, avarice, &c., are constantly bad
• XXXI Under the above restrictions, motives may be distinguished into good, bad, and indifferent or neutral
• XXXII Inconveniences of this distribution
• XXXIII It is only in individual instances that motives can be good or bad
• XXXIV Motives distinguished into social, dissocial, and self-regarding
• XXXV ---social, into purely-social, and semi-social

§4. Order of pre-eminence among Motives

• XXXVI The dictates of good-will are the surest of coinciding with those of utility
  • Note Laws and dictates conceived as issuing from motives.
• XXXVII Yet do not in all cases
• XXXVIII Next to them come those of the love of reputation
• XXXIX Next those of the desire of amity
• XL Difficulty of placing those of religion
• XLI Tendency, they have to improve
• XLII Afterwards come the self-regarding motives: and, lastly, that of displeasure

§5. Conflict among Motives

• XLIII Motives impelling and restraining, what
• XLIV What are the motives most frequently at variance
• XLV Example to illustrate a struggle among contending motives
• XLVI Practical use of the above disquisitions relative to motives

CHAPTER XI

OF HUMAN DISPOSITIONS IN GENERAL

• I Disposition, what
• II How far it belongs to the present subject
• III A mischievous disposition; a meritorious disposition; what
• IV What a man's disposition is, can only be matter of presumption
• V It depends upon what the act appears to be to him
• VI Which position is grounded on two facts: 1. The correspondence between intentions and consequences
• VII 2. Between the intentions of the same person at different times
  • Note A disposition, from which proceeds a habit of doing mischief, cannot be a good one
• VIII The disposition is to be inferred, 1. From the apparent tendency of the act: 2. From the nature of the motive
• IX Case 1. Tendency, good---motive, self-regarding
• X Case 2. Tendency, bad---motive, self-regarding
• XI Case 3. Tendency, good---motive, good-will
• XII Case 4. Tendency, bad---motive, good will
• XIII This case not an impossible one
• XIV Example I
• XV Example II
• XVI Example III
• XVII Case 5. Tendency, good---motive, love of reputation
  • Note The bulk of mankind apt to depreciate this motive
• XVIII Case 6. Tendency, bad---motive, honor
• XIX Example I
• XX Example II
• XXI Case 7. Tendency, good---motive, piety
• XXII Case 8. Tendency, bad---motive, religion
• XXIII The disposition may be bad in this case
• XXIV Case 9. Tendency, good---motive, malevolence
  • XXIVa Example
• XXV Case 10. Tendency, bad---motive, malevolence
  • XXVa Example
• XXVI Problem---to measure the depravity in a man's disposition
• XXVII A man's disposition is constituted by the sum of his intentions
• XXVIII ---which owe their birth to motives
• XXIX A seducing or corrupting motive, what---a tutelary or preservatory motive
• XXX Tutelary motives are either standing or occasional
• Standing tutelary motives are,
  1. XXXI Good-will
  2. XXXII The love of reputation
  3. XXXIII The desire of amity
  4. XXXIV The motive of religion
• XXXV Occasional tutelary motives may be any whatsoever
• XXXVI Motives that are particularly apt to act in this character are, 1. Love of ease. 2. Self-preservation
• XXXVII Dangers to which self-preservation is most apt in this case to have respects are, 1. Dangers purely physical. 2. Dangers depending on detection
• XXXVIII Danger depending on detection may result from, 1. Opposition on the spot: 2. Subsequent punishment
• XXXIX The force of the two standing tutelary motives of love of reputation, and desire of amity, depends upon detection
• XL Strength of a temptation, what is meant by it
• XLI Indications afforded by this and other circumstances respecting the depravity of an offender's disposition
• XLII Rules for measuring the depravity of disposition indicated by an offense
• XLIII Use of this chapter

CHAPTER XII

OF THE CONSEQUENCES OF A MISCHIEVOUS ACT.

§1. Shapes in which the mischief of an Act may show itself

• I Recapitulation
• II Mischief of an act, the aggregate of its mischievous consequences
• III The mischief of an act, primary or secondary
• IV Primary---original or derivative
• V The secondary---1. Alarm: or, 2. Danger
• VI Example
• VII The danger whence it arises---a past offense affords no direct motive to a future
• VIII But it suggests feasibility, and weakens the force of restraining motives
• IX viz. 1. Those issuing from the political sanction
• X 2. Those issuing from the moral
• XI It is said to operate by the influence of example
• XII The alarm and the danger, though connected are distinguishable
• XIII Both may have respect to the same person, or to others
• XIV The primary consequences of an act may be mischievous, and the secondary, beneficial
• XV Analysis of the different shapes in which the mischief of an act may show itself
• XV ---applied to the preceding cases
• XVI ---to examples of other cases where the mischief is less conspicuous
• XVI Example I An act of self-intoxication
• XVII Example II Non-payment of a tax
• XVIII No alarm, when no assignable person is the object

§2. How intentionality, &c. may influence the mischief of an Act.

• XIX Secondary mischief influenced by the state of the agent's mind
• XX Case 1. Involuntariness
• XXI Case 2. Unintentionality with heedlessness
• XXII Case 3. Missupposal of a complete justification, without rashness
• XXIII Case 4. Missupposal of a partial justification, without rashness
• XXIV Case 5. Missupposal, with rashness
• XXV Case 6. Consequences completely intentional, and free from missupposal
• XXVI The nature of a motive takes not away the mischief of the secondary consequences
• XXVII Nor the beneficialness
• XXVIII But it may aggravate the mischievousness, where they are mischievous
• XXIX But not the most in the case of the worst motives
• XXX It does the more, the more considerable the tendency of the motive to produce such acts
• XXXI ---which is as its strength and constancy
• XXXII General efficacy of a species of motive, how measured
• XXXIII A mischievous act is more so, when issuing from a self-regarding than when from a dissocial motive
• XXXIV ---so even when issuing from the motive of religion
• XXXV How the secondary mischief is influenced by disposition
• XXXVI Connexion of this with the succeeding chapter

CHAPTER XIII

CASES UNMEET FOR PUNISHMENT.

§1. General view of eases unmeet for Punishment.

• I The end of law is, to augment happiness
• II But punishment is an evil
  • Note What concerns the end, and several other topics, relative to punishment, dismissed to another work
  • Note Concise view of the ends of punishment.
• III Therefore ought not to be admitted
  1. Where groundless
  2. Inefficacious
  3. Unprofitable
  4. Or needless

§2. Cases in which Punishment is groundless.

• IV 1. Where there has never been any mischief as in the case of consent.
• V 2. Where the mischief was outweighed: as in precaution against calamity, and the exercise of powers.
• VI 3. --- or will, for a certainty, be cured by compensation
  • Note Hence the favours shown to the offences of responsible offenders: such as simple mercantile frauds

§3. Cases in which Punishment must be inefficacious

• VII Where the penal provision comes too late: as in
  1. An ex-post-facto law.
  2. An ultra-legal sentence
• VIII 2. Or is not made known: as in a law not sufficiently promulgated
• IX 3. Where the will cannot be deterred from any act, as in,
  1. Infancy
  2. Insanity
  3. Intoxication
  • Note In infancy and intoxication the case can hardly be proved to come under the rule
  • Note The reason for not punishing in these three cases is commonly put upon a wrong footing
• X 4. Or not from the individual act in question, as in,
  1. Unintentionality
  2. Unconsciousness
  3. Missupposal
• XI 5. Or is acted on by an opposite superior force: as by
  1. Physical danger
  2. Threatened mischief
  • Note Why the influence of the moral and religious sanctions is not mentioned in the same view
• XII 6.---or the bodily organs cannot follow its determination: as under physical compulsion or restraint

§4. Cases where Punishment is unprofitable

• XIII Where, in the sort of case in question, the punishment would produce more evil than the offense would
• XIV Evil producible by a punishment---its four branches---viz.
  1. Restraint
  2. Apprehension
  3. Sufferance
  4. Derivative evils
• XV The evil of the offence, being different according to the nature of the offence, cannot be represented here
• XVI 2.---Or in the individual case in question: by reason of
  1. The multitude of delinquents
  2. The value of a delinquent's service
  3. The displeasure of the people
  4. The displeasure of foreign powers

§5. Cases where Punishment is needless

• XVII Where the mischief is to be prevented at a cheaper rate: as by instruction

CHAPTER XIV

OF THE PROPORTION BETWEEN PUNISHMENTS AND OFFENCES.

• I Recapitulation
• II Four objects of punishment
• III 1st Object---to prevent all offences
• IV 2nd Object---to prevent the worst
• V 3rd Object---to keep down the mischief
• VI 4th Object---to act at the least expense
• VII Rules of proportion between punishment and offences
  • Note The same rules applicable to motives in general
• VIII Rule 1.---Outweigh the profit of the offense
  • Note Profit may be of any other kind, as well as pecuniary
  • Note Impropriety of the notion that the punishment ought not to increase with the temptation
• IX The propriety of taking the strength of the temptation for ground of abatement, no objection to this rule
• X Rule 2.---Venture more against a great offence than a small one
  • Note Example---Incendiarism and coining
• XI Rule 3---Cause the least of two offences to be preferred
• XII Rule 4---Punish for each particle of the mischief
  • Note Example.---In blows given, and money stolen
• XIII Rule 5.---Punish in no degree without special reason
• XIV Rule 6.---Attend to circumstances influencing sensibility
• XV Comparative view of the above rules
• XVI Into the account of the value of a punishment, must be taken its deficiency in point of certainty and proximity
• XVII Also, into the account of the mischief and profit of the offence, the mischief and profit of other offences of the same habit
• XVIII Rule 7---Want of certainty must be made up in magnitude
• XIX Rule 8---So also want of proximity
• XX Rule 9.---For acts indicative of a habit, punish as for the habit
• XXI The remaining rules are of less importance
• XXII Rule l0.---For the sake of quality, increase in quantity
• XXIII Rule 1l.---Particularly for a moral lesson
  • Note A punishment applied by way of moral lesson, what
  • Note Example.---In simple corporal injuries
  • Note Example---In military laws
• XXIV Rule 12.---Attend to circumstances which may render punishment unprofitable
• XXV Rule 13---For simplicity's sake, small disproportions may be neglected
  • Note Proportionality carried very far in the present work---why
• XXVI Auxiliary force of the physical, moral, and religious sanctions, not here allowed for---why
• XXVII Recapitulation
• XXVIII The nicety here observed vindicated from the charge of inutility

CHAPTER XV

OF THE PROPERTIES TO BE GIVEN TO A LOT OF PUNISHMENT.

• I Properties are to be governed by proportion
• II Property 1. Variability
• III Property 2. Equability
• IV Punishments which are apt to be deficient in this respect
• V Property 3. Commensurability to other punishments
• VI How two lots of punishment may be rendered perfectly commensurable
• VII Property 4. Characteristicalness
• VIII The mode of punishment the most eminently characteristic, is that of retaliation
• IX Property 5. Exemplarity
• X The most effectual way of rendering a punishment exemplary is by means of analogy
• XI Property 6. Frugality
• XII Frugality belongs in perfection to pecuniary punishment
• XIII Exemplarity and frugality in what they differ and agree
• XIV Other properties of inferior importance
• XV Property 7. Subserviency to reformation
• XVI ---applied to offences originating in ill-will
• XVII ---to offences originating in indolence joined to pecuniary interest
• XVIII Property 8. Efficacy with respect to disablement
• XIX ---is most conspicuous in capital punishment
• XX Other punishments in which it is to be found
• XXI Property 9. Subserviency to compensation
• XXII Property l0. Popularity
  • Note Characteristicalness renders a punishment, 1.memorable: 2. exemplary: 3. popular
• XXIII Mischiefs resulting from the unpopularity of a punishment---discontent among the people, and weakness in the law
• XXIV This property supposes a prejudice which the legislature ought to cure
• XXV Property 11. Remissibility
• XXVI To obtain all these properties, punishments must be mixed
• XXVII The foregoing properties recapitulated
• XXVIII Connexion of this with the ensuing chapter

CHAPTER XVI

DIVISION OF OFFENCES

§1. Classes of Offences

• Note Method pursued in the following division
• I Distinction between what are offences and what ought to be
• II No act ought to be an offense but what is detrimental to the community
• III To be so, it must be detrimental to some one or more of its members
• IV These may be assignable or not
  • Note Persons assignable, how
• V If assignable, the offender himself, or others
• VI Class 1. Private offences
• VII Class 2. Semi-public offences
  • Note Limits between private, semi-public, and public offences are, strictly speaking, undistinguishable
• VIII Class 3. Self-regarding offences
• IX Class 4. Public offences
• X Class 5. Multiform offences, viz. 1. Offences by falsehood. 2. Offences against trust
  • Note The imperfections of language an obstacle to arrangement
  • Note Irregularity of this class
  • Note ---which could not be avoided on any other plan

§2. Divisions and sub-divisions

• XI Divisions of Class 1. 1---Offences against person. 2---Property. 3---Reputation. 4---Condition. 5---Person and property. 6. Person and reputation
  • Note In what manner pleasure and pain depend upon the relation a man bears to exterior objects
• XII Divisions of Class 2. 1. Offences through calamity
• XIII Sub-divisions of offences through calamity, dismissed
• XIV 2. Offences of mere delinquency, how they correspond with the divisions of private offences
• XV Divisions of Class 3 coincide with those of Class 1
• XVI Divisions of Class 4
  • Note Exhaustive method departed from
• XVII Connexion of the nine first divisions one with another
• XVIII Connexion of offences against religion with the foregoing ones
• XIX Connexion of offences against the national interest in general with the rest
• XX Sub-divisions of Class 5 enumerated
• XX Divisions of offences by falsehood
• XXI Offences by falsehood, in what they agree with one another
• XXII ---in what they differ
• XXIV Sub-divisions of offences by falsehood are determined by the divisions of the preceding classes
• XXIV Offences of this class, in some instances, change their names; in others, not
• XXV A trust, what
  • Note Power and right, why no complete definition is here given of them
• XXVI Offences against trust, condition, and property, why ranked under separate divisions
• XXVII Offences against trust---their connexion with each other
• XXVIII Prodigality in trustees dismissed to Class 3
• XXIX The sub-divisions of offences against trust are also determined by the divisions of the preceding classes
• XXX Connexion between offences by falsehood and offences against trust

§3. Genera of Class 1.

• XXXI Analysis into genera pursued no further than Class 1
• XXXII Offences against an individual may be simple in their effects or complex
• XXXIII Offences against person---their genera
• XXXIV Offences against reputation
• XXXV Offences against property
  • Note Payment, what
• XXXVI Offences against person and reputation
• XXXVII Offences against person and property
• XXXVIII Offences against condition---Conditions domestic or civil
• XXXIX Domestic conditions grounded on natural relationships
  • Note Relations---two result from every two objects
• XL Domestic relations which are purely of legal institution
• XLI Offences touching the condition of a master
• XLII Various modes of servitude
• XLIII Offences touching the condition of a servant
• XLIV Guardianship, what---Necessity of the institution
• XLV Duration to be given to it
• XLVI Powers that may and duties that ought to be, annexed to it
• XLVII Offences touching the condition of a guardian
• XLVIII Offences touching the condition of a ward
• XLIX Offences touching the condition of a parent
• L Offences touching the filial condition
• LI Condition of a husband.---Powers, duties, and rights, that may be annexed to it
• LII Offences touching the condition of a husband
• LIII Offences touching the condition of a wife
• LIV Civil conditions

§4. Advantages of the present method.

• LV General idea of the method here pursued
• LVI Its advantages
• LVII ---1. It is convenient for the apprehension and the memory
• LVIII ---2. It gives room for general propositions
• LIX ---3. It points out the reason of the law
• LX ---4. It is alike applicable to the laws of all nations

§5. Characters of the five classes.

• LXI Characters of the classes, how deducible from the above method
• LXII Characters of class 1
• LXIII Characters of class 2
• LXIV Characters of class 3
• LXV Characters of class 4
• LXVI Characters of class 5

CHAPTER XVII

OF THE LIMITS OF THE PENAL BRANCH OF JURISPRUDENCE

§1. Limits between Private Ethics and the art of Legislation.

• I Use of this chapter
• II Ethics in general, what
• III Private ethics
• IV The art of government: that is, of legislation and administration
  • Note Interest of the inferior animals improperly neglected in legislation
• V Art of education
• VI Ethics exhibit the rules of, 1. Prudence. 2. Probity. 3. Beneficence
• VII Probity and beneficence, how they connect with prudence
• VIII Every act which is a proper object of ethics is not of legislation
• IX The limits between the provinces of private ethics and legislation, marked out by the cases unmeet for punishment
• X 1. Neither ought to apply where punishment is groundless
• XI 2. How far private ethics can apply in the cases where punishment would be inefficacious
• XII How far, where it would be unprofitable
• XIII Which it may be, 1. Although confined to the guilty
• XIV 2. By enveloping the innocent
• XV Legislation how far necessary for the enforcement of the dictates of prudence
• XVI ---Apt to go too far in this respect
• XVII ---Particularly in matters of religion
• XVIII ---How far necessary for the enforcement of the dictates of probity
• XIX ---of the dictates of beneficence
• XX Difference between private ethics and the art of legislation recapitulated

§2. Jurisprudence, its branches.

• XXI Jurisprudence, expository---censorial
• XXII Expository jurisprudence, authoritative---unauthoritative
• XXIII Sources of the distinctions yet remaining
• XXIV Jurisprudence, local---universal
• XXV ---internal and international
• XXVI Internal jurisprudence, national and provincial, local or particular
• XXVII Jurisprudence, ancient---living
• XXVIII Jurisprudence, statutory---customary
• XXIX Jurisprudence, civil---penal---criminal
• XXX Question, concerning the distinction between the civil branch and the penal, stated

Concluding Note

• I Occasion and purpose of this concluding note
• II By a law here is not meant a statute
• III Every law is either a command, or a revocation of one
• IV A declaratory law is not, properly speaking, a law
• V Every coercive law creates an offense
• VI A law creating an offence, and one appointing punishment, are distinct laws
• VII A discoercive law can have no punitory one appertaining to it but through the intervention of a coercive one
• VIII But a punitory law involves the simply imperative one it belongs to
• IX The simply inoperative one might therefore be spared, but for its expository matter
• X Nature of such expository matter
• XI The vastness of its comparative bulk is not peculiar to legislative commands
• XII The same mass of expository matter may serve in common for many laws
• XIII The imperative character essential to law is apt to be concealed in and by expository matter
• XIV The concealment is favoured by the multitude of indirect forms in which imperative matter is capable of being couched
• XV Number and nature of the laws in a code, how determined
• XVI General idea of the limits between a civil and a penal code
• XVII Contents of a civil code
• XVIII Contents of a penal code
• XIX In the Code Frederic the imperative character is almost lost in the expository matter
• XX So in the Roman law
• XXI In the barbarian codes it stands conspicuous
• XXII Constitutional code its connexion with the two others
• XXIII Thus the matter of one law may be divided among all three codes
• XXIV Expository matted a great quantity of it exists everywhere in no other form than that of common or judiciary law
• XXV Hence the deplorable state of the science of legislation, considered in respect of its form
• XXVI Occasions affording an exemplification of the difficulty as well as importance of this branch of science;---attempts to limit the powers of supreme representative legislatures
• XXVII Example: American declarations of rights