An introduction to the principles of morals and legislationPDF电子书下载

PREFACE 1

Ⅰ OF THE PRINCIPLE OF UTILITY 11

1. Mankind governed by pain and pleasure 11

2. Principle of utility, what 11

A principle, what 11

3. Utility, what 12

4-5. Interest of the community, what 12

6. An action conformable to the principle of utility, what 12

7. A measure of government conformable to the principle of utility, what 13

8. Laws or dictates of utility, what 13

9. A partisan of the principle of utility, who 13

10. Ought, ought not, right and wrong, &c. how to be understood 13

11. To prove the rectitude of this principle is at once un-necessary and impossible 13

12. It has seldom, however, as yet, been consistently pursued 13

13. It can never be consistently combated 14

14. Course to be taken for surmounting prejudices that may have been entertained against it 15

Ⅱ OF PRINCIPLES ADVERSE TO THAT OF UTILITY 17

1. All other principles than that of utility must be wrong 17

2. Ways in which a principle may be wrong 17

Asceticism, origin of the word 17

Principles of the Monks 17

3. Principle of asceticism, what 17

4. A partisan of the principle of asceticism, who 18

5. This principle has had in some a philosophical, in others a religious origin 18

6. It has been carried farther by the religious party than by the philosophical 18

7. The philosophical branch of it has had most influence among persons of education, the religious among the vulgar 19

8. The principle of asceticism has never been steadily applied by either party to the business of government 19

9. The principle of asceticism, in its origin, was but that of utility misapplied 21

10. It can never be consistently pursued 21

11. The principle of sympathy and antipathy, what 21

12. This is rather the negation of all principle, than anything positive 25

13. Sentiments of a partisan of the principle of antipathy 25

14. The systems that have been formed concerning the standard of right and wrong, are all reducible to this principle 25

Various phrases, that have served as the characteristic marks of so many pretended systems: 26

1. Moral Sense 26

2. Common Sense 26

3. Understanding 26

4. Rule of Right 26

5. Fitness of Things 27

6. Law of Nature 27

7. Law of Reason, Right Reason, Natural Justice, Natural Equity, Good Order 27

8. Truth 27

9. Doctrine of Election 27

10. Repugnancy to Nature 27

Mischief they produce 28

Whether utility is actually the sole ground of all the approbation we ever bestow, is a different consideration 28

15. This principle will frequently coincide with that of utility 29

16. This principle is most apt to err on the side of severity 29

17. But errs, in some instances, on the side of lenity 31

18. The theological principle, what-not a separate principle 31

The principle of theology how reducible to one or another of the other three principles 31

19. Antipathy, let the actions it dictates be ever so right, is never of itself a right ground of action 32

Ⅲ OF THE FOUR SANCTIONS OR SOURCES OF PAIN AND PLEASURE 34

1. Connexion of this chapter with the preceding 34

2. Four sanctions or sources of pleasure and pain 34

3. The physical sanction 35

4. The political 35

5. The moral or popular 35

6. The religious 35

7. The pleasures and pains which belong to the religious sanction, may regard either the present life or a future 35

8. Those which regard the present life, from which soever source they flow, differ only in the circumstances of their production 35

9. Example 36

10. Those which regard a future life are not specifically known 36

11. The physical sanction included in each of the other three 37

12. Use of this chapter 37

Ⅳ VALUE OF A LOT OF PLEASURE OR PAIN, HOW TO BE MEASURED 38

1. Use of this chapter 38

2. 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 38

3. -considered as connected with other pleasures or pains 38

4. -considered with reference to a number of persons 39

5. Process for estimating the tendency of any act or event 39

6. Use of the foregoing process 40

7. The same process applicable to good and evil, profit and mischief, and all other modifications of pleasure and pain 40

8. Conformity of men's practice to this theory 40

Ⅴ PLEASURE AND PAINS, THEIR KINDS 42

1. Pleasures and pains are either, (1) Simple: or (2) Complex 42

2. The simple pleasures enumerated 42

3. The simple pains enumerated 42

Analytical view, why none given 42

4. Pleasures of sense enumerated 43

5. Pleasures of wealth, which are either of acquisition, or of possession 43

Pleasures of skill 43

6. Pleasures of amity 43

7. Pleasures of a good name 44

8. Pleasures of power 44

9. Pleasures of piety 44

10. Pleasures of benevolence or good-will 44

11. Pleasures of malevolence or ill-will 44

12. Pleasures of the memory 45

13. Pleasures of the imagination 45

14. Pleasures of expectation 45

15. Pleasures of depending on association 45

16. Pleasures of relief 45

17. Pains of privation 46

18. These include, (1) Pains of desire 46

19. (2) Pains of disappointment 46

20. (3) Pains of regret 46

21. Pains of the senses 46

No positive pains correspond to the pleasure of the sexual sense 47

22. Pains of awkwardness 47

No positive pains correspond to the pleasure of novelty 47

nor to those of wealth 47

Is this a distinct positive pain, or only a pain of privation? 47

23. Pains of enmity 47

24. Pains of an ill-name 47

The positive pains of an ill-name, and the pains of privation, opposed to the pleasures of a good name, run into one another 46

25. Pains of piety 48

No positive pains correspond to the pleasures of power 48

The positive pains of piety, and the pains of privation, opposed to the pleasures of piety, run into one another 48

26. Pains of benevolence 48

27. Pains of malevolence 48

28. Pains of the memory 48

29. Pains of the imagination 48

30. Pains of expectation 48

31. Pains of association 49

32. Pleasures and pains are either self-regarding or extra-regarding 49

Pleasures and pains of amity and enmity distinguished from those of benevolence and malevolence 49

33. In what ways the law is concerned with the above pains and pleasures 49

Complex pleasures and pains omitted, why 49

Specimen.- Pleasures of a country prospect 49

Ⅵ OF CIRCUMSTANCES INFLUENCING SENSIBILITY 51

1. Pain and pleasure not uniformly proportioned to their causes 51

2. Degree or quantum of sensibility, what 51

3. Bias or quality of sensibility, what 51

4. Exciting causes pleasurable and dolorific 51

5. Circumstances influencing sensibility, what 52

6. Circumstances influencing sensibility enumerated 52

Extent and intricacy of this subject 52

7. Health 53

8. Strength 53

Measure of strength, the weight a man can lift 54

Weakness, what 54

9. Hardiness 54

Difference between strength and hardiness 54

10. Bodily imperfection 55

11. Quantity and quality of knowledge 55

12. Strength of intellectual powers 55

13. Firmness of mind 56

14. Steadiness 56

15. Bent of inclinations 56

16. Moral sensibility 57

17. Moral biases 57

18. Religious sensibility 57

19. Religious biases 57

20. Sympathetic sensibility 57

21. Sympathetic biases 57

22. Antipathetic sensibility and biases 58

23. Insanity 58

24. Habitual occupations 58

25. Pecuniary circumstances 58

26. Connexions in the way of sympathy 60

27. Connexions in the way of antipathy 61

28. Radical frame of body 61

29. Radical frame of mind 62

Idiosyncrasy, what 62

30. This distinct from the circumstance of frame of body 62

Whether the soul be material or immaterial makes no difference 62

31. -and from all others 62

32. Yet the result of them is not separately discernible 63

33. Frame of body indicates, but not certainly, that of mind 63

34. Secondary influencing circumstances 64

35. Sex 64

36. Age 65

37. Rank 65

38. Education 66

39. Climate 67

40. Lineage 67

41. Government 67

42. Religious profession 68

43. Use of the preceding observations 69

44. How far the circumstances in question can be taken into account 69

45. To what exciting causes there is most occasion to apply them 70

46. Analytical view of the circumstances influencing sensibility 72

Analytical view of the constituent articles in a man's pecuniary circumstances 72

Ⅶ OF HUMAN ACTIONS IN GENERAL 74

1. The demand for punishment depends in part upon the tendency of the act 74

2. Tendency of an act determined by its consequences 74

3. Material consequences only are to be regarded 74

4. These depend in part upon the intention 74

5. The intention depends as well upon the understanding as the will 75

6. In an action are to be considered (1) the act; (2) the circumstances; (3) the intentionality; (4) the con-sciousness 75

7. (5) the motives; (6) the disposition 75

8. Acts positive and negative 75

Acts of omission are still acts 75

9. Negative acts may be so relatively or absolutely 76

10. Negative acts may be expressed positively; and vice versa 76

11. Acts external and internal 76

12. Acts of discourse, what 76

13. External acts may be transitive or intransitive 76

Distinction between transitive acts and intransitive, recognised by grammarians 77

14. A transitive act, its commencement, termination, and intermediate progress 77

15. An intransitive act, its commencement, and termination 77

16. Acts transient and continued 78

17. Difference between a continued act and a repetition of acts 78

18. Difference between a repetition of acts and a habit 78

19. Acts are indivisible, or divisible, as well with regard to matter as to motion 78

20. Caution respecting the ambiguity of language 79

21. Circumstances are to be considered 79

22. Circumstances, what 79

Circumstance, archetypation of the word 79

23. Circumstances material and immaterial 80

24. A circumstance may be related to an event in point of causality, in four ways, viz 80

(1) Production.(2) Derivation.(3) Collateral connexion.(4) Conjunct influence 80

25. Example. Assassination of Buckingham 80

26. It is not every event that has circumstances related to it in all those ways 81

27. Use of this chapter 82

Ⅷ OF INTENTIONALITY 84

1. Recapitulation 84

2. The intention may regard, (1) the act: or (2) the con-sequences 84

Ambiguity of the words voluntary and involuntary 84

3. It may regard the act without any of the consequences 84

4. -or the consequences without regarding the act in all its stages 84

5. -but not without regarding the first stage 85

An act unintentional in its first stage, may be so with respect to (1) Quantity of matter moved: (2) Direction: (3) Velocity 85

6. A consequence, when intentional, may be directly so, or obliquely 86

7. When directly, ultimately so, or mediately 86

8. When directly intentional, it may be exclusively so, or inexclusively 86

9. When inexclusively, it may be conjunctively, disjunctively, or indiscriminately so 86

10. When disjunctively, it may be with or without preference 87

Difference between an incident's being unintentional, and dis-junctively intentional, when the election is in favour of the other 87

11. Example 87

12. Intentionality of the act with respect to its different stages, how far material 88

13. Goodness and badness of intention dismissed 88

Ⅸ OF CONSCIOUSNESS 90

1. Connexion of this chapter with the foregoing 90

2. Acts advised and unadvised: consciousness, what 90

3. Unadvisedness may regard either existence, or materiality 90

4. The circumstance may have been present, past, or future 90

5. An unadvised act may be heedless, or not heedless 90

6. A misadvised act, what.-a missupposal 90

7. The supposed circumstance might have been material in the way either of prevention or of compensation 91

8. It may have been supposed present, past, or future 91

9. Example, continued from the last chapter 91

10. In what case consciousness extends the intentionality from the act to the consequences 92

11. Example continued 92

12. A misadvised act may be rash or not rash 92

13. The intention may be good or bad in itself, independently of the motive as well as the eventual consequences 92

14. It is better, when the intention is meant to be spoken of as being good or bad, not to say, the motive 93

15. Example 93

16. Intention, in what cases it may be innocent 94

17. Intentionality and consciousness, how spoken of in the Roman law 94

18. Use of this and the preceding chapter 95

Ⅹ OF MOTIVES 96

§ ⅰ. Different senses of the word motive 96

1. Motives, why considered 96

2. Purely speculative motives have nothing to do here 96

3. Motives to the will 96

4. Figurative and unfigurative senses of the word 97

5. Motives interior and exterior 97

6. Motive in prospect-motive in esse 98

7. Motives immediate and remote 98

8. Motives to the understanding how they may influence the will 99

§ ⅱ. No motives either constantly good or constantly bad 100

9. Nothing can act of itself as a motive, but the ideas of pleasure or pain 100

10. No sort of motive is in itself a bad one 100

11. Inaccuracy of expressions in which good or bad are applied to motives 100

12. Any sort of motive may give birth to any sort of act 100

13. Difficulties which stand in the way of an analysis of this sort 101

§ ⅲ. Catalogue of motives corresponding to that of Pleasures and Pains 103

14. Physical desire corresponding to pleasures of sense in general 103

15. The motive corresponding to the pleasures of the palate 103

16. Sexual desire corresponding to the pleasures of the sexual sense 104

17. Curiosity, &c. corresponding to the pleasures of curiosity 104

18. None to the other pleasures of sense 104

19. Pecuniary interest to the pleasures of wealth 105

20. None to the pleasures of skill 105

21. To the pleasures of amity, the desire of ingratiating one's self 105

22. To the pleasures of a good name, the love of reputation 105

23. To the pleasures of power, the love of power 108

24. The motive belonging to the religious sanction 108

25. Good-will, &c. to the pleasures of sympathy 109

26. Ill-will, &c. to the pleasures of antipathy 111

27. Self-preservation, to the several kinds of pains 112

28. To the pains of exertion, the love of ease 113

29. Motives can only be bad with reference to the most frequent complexion of their effects 114

30. How it is that motives, such as lust, avarice, &c are constantly bad 114

31. Under the above restrictions, motives may be distinguished into good, bad, and indifferent or neutral 115

32. Inconveniences of this distribution 115

33. It is only in individual instances that motives can be good or bad 116

34. Motives distinguished into social, dissocial, and self-regarding 116

35. -social, into purely-social, and semi-social 116

§ ⅳ. Order of pre-eminence among motives 116

36. The dictates of good-will are the surest of coinciding with those of utility 116

Laws and dictates conceived as issuing from motives 116

37. Yet do not in all cases 117

38. Next to them come those of the love of reputation 118

39. Next those of the desire of amity 119

40. Difficulty of placing those of religion 119

41. Tendency they have to improve 121

42. Afterwards come the self-regarding motives: and lastly that of displeasure 121

§ ⅴ. Conflict among motives 122

43. Motives impelling and restraining, what 122

44. What are the motives most frequently at variance 122

45. Example to illustrate a struggle among contending motives 122

46. Practical use of the above disquisitions relative to motives 123

Ⅺ OF HUMAN DISPOSITIONS IN GENERAL 125

1. Disposition, what 125

2. How far it belongs to the present subject 125

3. A mischievous disposition; a meritorious disposition; what 126

4. What a man's disposition is, can only be matter of presumption 126

5. It depends upon what the act appears to be to him 126

6. Which position is grounded on two facts: (1) The correspondence between intentions and consequences 126

7. (2) Between the intentions of the same person at different times 127

A disposition, from which proceeds a habit of doing mischief, cannot be a good one 127

8. The disposition is to be inferred, (1) From the apparent tendency of the act: (2) from the nature of the motive 127

9. Case 1. Tendency, good-motive, self-regarding 127

10. Case 2. Tendency, bad-motive, self-regarding 127

11. Case 3. Tendency, good-motive, good-will 128

12. Case 4. Tendency, bad-motive, good-will 128

13. This case not an impossible one 128

14. Example I 128

15. Example II 129

16. Example III 129

17. Case 5. Tendency, good-motive, love of reputation 129

The bulk of mankind apt to depreciate this motive 129

18. Case 6. Tendency, bad-motive, honour 130

19. Example I 130

20. Example II 130

21. Case 7. Tendency, good-motive, piety 131

22. Case 8. Tendency, bad-motive, religion 131

23. The disposition may be bad in this case 131

24. Case 9. Tendency, good-motive, malevolence 133

Example 133

25. Case 10. Tendency, bad-motive, malevolence 133

Example 134

26. Problem-to measure the depravity in a man's dis-position 134

27. A man's disposition is constituted by the sum of his intentions 134

28. -which owe their birth to motives 134

29. A seducing or corrupting motive, what-a tutelary or preservatory motive 134

30. Tutelary motives are either standing or occasional 134

31. Standing tutelary motives are, Good-will 135

32. The love of reputation 135

33. The desire of amity 136

34. The motive of religion 136

35. Occasional tutelary motives may be any whatsoever 137

36. Motives that are particularly apt to act in this character are, (1) Love of ease. (2) Self-preservation 137

37. Dangers to which self-preservation is most apt in this case to have respect, are, (1) Dangers purely physical. (2) Dangers depending on detection 137

38. Danger depending on detection may result from, (1) Opposition on the spot: (2) Subsequent punishment 138

39. The force of the two standing tutelary motives of love of reputation, and desire of amity, depends upon detection 138

40. Strength of a temptation, what is meant by it 138

41. Indications afforded by this and other circumstances respecting the depravity of an offender's disposition 139

42. Rules for measuring the depravity of disposition indicated by an offence 140

43. Use of this chapter 141

Ⅻ OF THE CONSEQUENCES OF A MISCHIEVOUS ACT 143

§ ⅰ. Shapes in which the mischief of an act may show itself 143

1. Recapitulation 143

2. Mischief of an act, the aggregate of its mischievous consequences 143

3. The mischief of an act, primary or secondary 143

4. Primary-original or derivative 143

5. The secondary-(1) Alarm: or, (2) Danger 144

6. Example 144

7. The danger whence it arises-a past offence affords no direct motive to a future 145

8. But it suggests feasibility, and weakens the force of restraining motives 145

9. viz. (1) Those issuing from the political sanction 146

10. (2) Those issuing from the moral 146

11. It is said to operate by the influence of example 147

12. The alarm and the danger, though connected, are distinguishable 147

13. Both may have respect to the same person, or to others 147

14. The primary consequences of an act may be mis-chievous and the secondary, beneficial 147

15. Analysis of the different shapes in which the mischief of an act may show itself 147

-applied to the preceding cases 149

16. -to examples of other cases where the mischief is less conspicuous 149

Example Ⅰ. An act of self-intoxication 149

17. Example Ⅱ. Non-payment of a tax 149

18. No alarm, when no assignable person is the object 151

§ ⅱ. How intentionality, &c. may influence the mischief of an act 152

19. Secondary mischief influenced by the state of the agent's mind 152

20. Case. 1. Involuntariness 153

21. Case 2. Unintentionalty with heedlessness 153

22. Case. 3. Missupposal of a complete justification, without rashness 153

23. Case 4. Missupposal of a partial justification, without rashness 153

24. Case 5. Missupposal, with rashness 153

25. Case. 6. Consequences completely intentional, and free from missupposal 154

26. The nature of a motive takes not away the mischief of the secondary consequences 154

27. Nor the beneficialness 154

28. But it may aggravate the mischievousness, where they are mischievous 155

29. But not the most in the case of the worst motives 155

30. It does the more, the more considerable the tendency of the motive to produce such acts 155

31. -which is as its strength and constancy 155

32. General efficacy of a species of motive, how measured 155

33. A mischievous act is more so, when issuing from a self-regarding than when from a dissocial motive 155

34. -so even when issuing from the motive of religion 156

35. How the secondary mischief is influenced by disposition 156

36. Connexion of this with the succeeding chapter 156

ⅩⅢ CASES UNMEET FOR PUNISHMENT 156

§ ⅰ. General view of cases unmeet for punishment 158

1. The end of law is, to augment happiness 158

2. But punishment is an evil 158

What concerns the end, and several other topics, relative to punishment, dismissed to another work 158

Concise view of the ends of punishment 158

3. Therefore ought not to be admitted 159

Where groundless; Inefficacious; Unprofitable; Or needless 159

§ ⅱ. Cases in which punishment is groundless 159

4. Where there has never been any mischief: as in the case of consent 159

5. Where the mischief was outweighed: as in precaution against calamity, and the exercise of powers 159

6. -or will, for a certainty, be cured by compensation 160

Hence the favours shown to the offences of responsible offenders: such as simple mercantile frauds 160

§ ⅲ. Cases in which punishment must be inefficacious 160

7. Where the penal provision comes too late: as in (1) An ex-post-facto law-(2) an ultra-legal sentence 160

8. Or is not made known: as in a law not sufficiently promulgated 160

9. Where the will cannot be deterred from any act, as in 161

(1) infancy (2) insanity (3) intoxication 161

In infancy and intoxication the case can hardly be proved to come under the rule 161

the reason for not punishing in these three cases is commonly put upon a wrong footing 161

10. Or not from the individual act in question, as in 161

(1) unintentionality (2) unconsciousness (3) missupposal 161

11. Or is acted on by an opposite superior force: as by 162

(1) physical danger. (2) threatened mischief 162

Why the influence of the moral and religious sanctions is not mentioned in the same view 162

12. -or the bodily organs cannot follow its determination: as under physical compulsion or restraint 162

§ ⅳ. Cases where punishment is unprofitable 163

13. 1. Where, in the sort of case in question, the punishment would produce more evil than the offence would 163

14. Evil producible by a punishment-its four branchesviz. 163

(1) Restraint (2) Apprehension (3) Sufferance (4) Derivative evils 163

15. (The evil of the offence, being different according to the nature of the offence, cannot be represented here) 163

16. 2. Or, in the individual case in question by reason of 163

(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 164

§ ⅴ. Cases where punishment is needless 164

17. Where the mischief is to be prevented at a cheaper rate: as by instruction 164

ⅩⅣ OF THE PROPORTION BETWEEN PUNISHMENTS AND OFFENCES 165

1. Recapitulation 165

2. Four objects of punishment 165

3. 1st Object-to prevent all offences 165

4. 2d Object-to prevent the worst 165

5. 3d Object-to keep down the mischief 165

6. 4th Object-to act at the least expense 165

7. Rules of proportion between punishments and offences 165

The same rules applicable to motives in general 165

8. Rule 1.-Outweigh the profit of the offence 166

Profit may be of any other kind, as well as pecuniary 166

Impropriety of the notion that the punishment ought not to increase with the temptation 166

9. The propriety of taking the strength of the temptation for a ground of abatement, no objection to this rule 167

10. Rule 2.-Venture more against a great offence than a small one 168

Example.-Incendiarism and coining 168

11. Rule 3.-Cause the least of two offences to be preferred 168

12. Rule 4.-Punish for each particle of the mischief 168

Example.-In blows given, and money stolen 168

13. Rule 5.-Punish in no degree without special reason 169

14. Rule 6.-Attend to circumstances influencing sensibility 169

15. Comparative view of the above rules 169

16. Into the account of the value of a punishment, must be taken its deficiency in point of certainty and proximity 169

17. Also, into the account of the mischief, and profit of the offence, the mischief and profit of other offences of the same habit 170

18. Rule 7.-Want of certainty must be made up in magnitude 170

19. Rule 8.-So also want of proximity 170

20. Rule 9.-For acts indicative of a habit, punish as for the habit 170

21. The remaining rules are of less importance 170

22. Rule 10.-For the sake of quality, increase in quantity 171

23. Rule 11.-Particularly for a moral lesson 171

A punishment applied by way of moral lesson, what 171

Example.-In simple corporal injuries 171

Example.-In military laws 171

24. Rule 12.-Attend to circumstances which may render punishment unprofitable 171

25. Rule 13.-For simplicity's sake, small disproportions may be neglected 171

Proportionality carried very far in the present work-why 172

26. Auxiliary force of the physical, moral, and religious sanctions, not here allowed for-why 172

27. Recapitulation 172

28. The nicety here observed vindicated from the charge of inutility 173

ⅩⅤ OF THE PROPERTIES TO BE GIVEN TO A LOT OF PUNISHMENT 175

1. Properties are to be governed by proportion 175

2. Property 1. Variability 175

3. Property 2. Equability 175

4. Punishments which are apt to be deficient in this respect 176

5. Property 3. Commensurability to other punishments 177

6. How two lots of punishment may be rendered perfectly commensurable 177

7. Property 4. Characteristicalness 177

8. The mode of punishment the most eminently characteristic, is that of retaliation 178

9. Property 5.-Exemplarity 178

10. The most effectual way of rendering a punishment exemplary is by means of analogy 179

11. Property 6. Frugality 179

12. Frugality belongs in perfection to pecuniary punishment 179

13. Exemplarity and frugality in what they differ and agree 180

14. Other properties of inferior importance 180

15. Property 7. Subserviency to reformation 180

16. -applied to offences originating in ill-will 181

17. -to offences originating in indolence joined to pecuniary interest 181

18. Property 8. Efficacy with respect to disablement 181

19. -is most conspicuous in capital punishment 181

20. Other punishments in which it is to be found 182

21. Property 9. Subserviency to compensation 182

22. Property 10. Popularity 183

Characteristicalness renders a punishment, (1) memorable (2) exemplary (3) popular 183

23. Mischiefs resulting from the unpopularity of a punishment-discontent among the people, and weakness in the law 183

24. This property supposes a prejudice which the legislature ought to cure 183

25. Property 11. Remissibility 184

26. To obtain all these properties, punishments must be mixed 185

27. The foregoing properties recapitulated 185

28. Connexion of this with the ensuing chapter 186

ⅩⅥ DIVISION OF OFFENCES 187

§ ⅰ. Classes of offences 187

1. Distinction between what are offences and what ought to be 187

Method pursued in the following divisions 187

2. No act ought to be an offence but what is detrimental to the community 188

3. To be so, it must be detrimental to some one or more of its members 188

4. These may be assignable or not 188

Persons assignable, how 188

5. If assignable, the offender himself, or others 188

6. Class 1. Private offences 188

7. Class 2. Semi-public offences 189

Limits between private, semi-public, and public offences, are, strictly speaking, undistinguishable 189

8. Class 3. Self-regarding offences 189

9. Class 4. Public offences 189

10. Class 5. Multiform offences, viz 190

(1) Offences by falsehood (2) Offences against trust 190

The imperfections of language an obstacle to arrangement 190

Irregularity of this class 190

-which could not be avoided on any other plan 190

§ ⅱ. Divisions and sub-divisions 191

11. Divisions of Class 1 191

(1) Offences against person (2) Property (3) Reputation (4) Condition (5) Person and reputation (6) Person and property 191

In what manner pleasure and pain depend upon the relation a man bears to exterior objects 191

12. Divisions of Class 2 (1) Offences through calamity 194

13. Sub-divisions of offences through calamity, dismissed 194

14. (2) Offences of mere delinquency, how they correspond with the divisions of private offences 195

15. Divisions of Class 3 coincide with those of Class 1 195

16. Divisions of Class 4 196

Exhaustive method departed from 196

17. Connection of the nine first divisions one with another 196

18. Connection of offences against religion with the fore-going ones 201

19. Connection of offences against the national interest in general with the rest 202

20. Sub-divisions of Class 5 enumerated Divisions of offences by falsehood 203

21. Offences by falsehood, in what they agree with one another 203

22. -in what they differ 203

23. Sub-divisions of offences by falsehood are determined by the divisions of the preceding classes 204

24. Offences of this class, in some instances, change their names; in others, not 204

25. A trust, what 205

Power and right, why no complete definition is here given of them 205

26. Offences against trust, condition, and property, why ranked under separate divisions 208

27. Offences against trust-their connexion with each other 214

28. Prodigality in trustees dismissed to Class 3 221

29. The sub-divisions of offences against trust are also determined by the divisions of the preceding classes 221

30. Connexion between offences by falsehood and offences against trust 221

§ ⅲ. Genera of class I 222

31. Analysis into genera pursued no further than Class 1 222

32. Offences against an individual may be simple in their effects or complex 222

33. Offences against person-their genera 222

34. Offences against reputation 225

35. Offences against property 226

Payment, what 227

36. Offences against person and reputation 232

37. Offences against person and property 233

38. Offences against condition.-Conditions domestic or civil 234

39. Domestic conditions grounded on natural relationships 234

Relations-two result from every two objects 235

40. Domestic relations which are purely of legal institution 236

41. Offences touching the condition of a master 239

42. Various modes of servitude 241

43. Offences touching the condition of a servant 241

44. Guardianship, what-Necessity of the institution 244

45. Duration to be given to it 246

46. Powers that may, and duties that ought to be, annexed to it 246

47. Offences touching the condition of a guardian 247

48. Offences touching the condition of a ward 249

49. Offences touching the condition of a parent 250

50. Offences touching the filial condition 252

51. Condition of a husband.-Powers, duties, and rights, that may be annexed to it 254

52. Offences touching the condition of a husband 255

53. Offences touching the condition of a wife 257

54. [Uncontiguous domestic relations] 257

55. Civil conditions 264

§ ⅳ. Advantages of the present method 270

56. General idea of the method here pursued 270

57. Its advantages-It is convenient for the apprehension and the memory 272

58. -It gives room for general propositions 273

59. -It points out the reason of the law 273

60. -It is alike applicable to the laws of all nations 274

§ ⅴ. Characters of the five classes 274

61. Characters of the classes, how deducible from the above method 274

62. Characters of class 1 275

63. Characters of class 2 276

64. Characters of class 3 277

65. Characters of class 4 278

66. Characters of class 5 279

ⅩⅦ OF THE LIMITS OF THE PENAL BRANCH OF JURISPRUDENCE 281

§ ⅰ. Limits between private ethics and the art of legislation 281

1. Use of this chapter 281

2. Ethics in general, what 282

3. Private ethics 282

4. The art of government: that is, of legislation and administration 282

Interests of the inferior animals improperly neglected in legislation 282

5. Art of education 283

6. Ethics exhibit the rules of 283

(1) Prudence (2) Probity (3) Beneficence 283

7. Probity and beneficence how they connect with prudence 284

8. Every act which is a proper object of ethics is not of legislation 285

9. The limits between the provinces of private ethics and legislation, marked out by the cases unmeet for punishment 285

10. Neither ought to apply where punishment is groundless 286

11. How far private ethics can apply in the cases where punishment would be inefficacious 286

12. How far, where it would be unprofitable 287

13. Which is may be, (1) Although confined to the guilty 287

14. (2) By enveloping the innocent 288

15. Legislation how far necessary for the enforcement of the dictates of prudence 289

16. -Apt to go too far in this respect 290

17. -Particularly in matters of religion 291

18. -How far necessary for the enforcement of the dictates of probity 292

19. -of the dictates of beneficence 292

20. Difference between private ethics and the art of legislation recapitulated 293

§ ⅱ. Jurisprudence, its branches 293

21. Jurisprudence, expository-censorial 293

22. Expository jurisprudence, authoritative-unauthoritative 294

23. Sources of the distinctions yet remaining 294

24. Jurisprudence, local-universal 294

25. -internal and international 296

26. Internal jurisprudence, national and provincial, local or particular 297

27. Jurisprudence, ancient-living 297

28. Jurisprudence, statutory-customary 298

29. Jurisprudence, civil-penal-criminal 298

Question, concerning the distinction between the civil branch and the penal, stated 299

CONCLUDING NOTE 301

1. Occasion and purpose of this concluding note 301

2. By a law here is not meant a statute 301

3. Every law is either a command, or a revocation of one 302

4. A declaratory law is not, properly speaking, a law 302

5. Every coercive law creates an offence 302

6. A law creating an offence, and one appointing punishment are distinct laws 302

7. A discoercive law can have no punitory one appertaining to it but through the intervention of a coercive one 302

8. But a punitory law involves the simply imperative one it belongs to 303

9. The simply imperative one might therefore be spared, but for its expository matter 303

10. Nature of such expository matter 303

11. The vastness of its comparative bulk is not peculiar to legislative commands 303

12. The same mass of expository matter may serve in common for many laws 304

13. The imperative character essential to law, is apt to be concealed in and by expository matter 304

14. The concealment is favoured by the multitude of indirect forms in which imperative matter is capable of being couched 305

15. Number and nature of the laws in a code, how determined 305

16. General idea of the limits between a civil and a penal code 305

17. Contents of a civil code 306

18. Contents of a penal code 306

19. In the Code Frederic the imperative character is almost lost in the expository matter 306

20. So in the Roman law 307

21. In the barbarian codes it stands conspicuous 307

22. Constitutional code, its connexion with the two others 307

23. Thus the matter of one law may be divided among all three codes 308

24. Expository matter a great quantity of it exists every-where, in no other form than that of common or judiciary law 308

25. Hence the deplorable state of the science of legislation, considered in respect of its form 308

26. 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 308

27. Example: American declarations of rights 309

INDEX OF SUBJECTS 313

INDEX OF NAMES 341