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