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图书目录： INTRODUCTION
PREFACE I OF THE PRINCIPLE OF UTILITY 1. Mankind governed by pain and pleasure 2. Principle of utility, what A principle, what, 11 n. 3. Utility, what 4-5. Interest of the community, what 6. An action conformable to the principle of utility, what 7. A measure of government conformable to the prin- ciple of utility, what 8. Laws or dictates of utility, what 9. A partisan of the principle of utility, who 10. Ought, ought not, right and wrong, &c. how to be understood 11. To prove the rectitude of this principle is at once un- necessary and impossible 12. It has seldom, however, as vet, been consistently pursued 13. It can never be consistently eombated 14. Course to be taken for surmounting prejudices that may have been entertained against it II OF PRINCIPLES ADVERSE TO THAT OF UTILITY 1. All other principles than that of utility must be wrong 2. Ways in which a principle may be wrong Asceticism, origin of the word, 17 n. ; Principles of the Monks, 17 n. 3. principle of asceticism, what 4. A partisan of the principle of asceticism, who 5. This principle has had in some a philosophical, in others a religious origin 6. It has been carried farther by the religious party than by the philosophical 7. Tile philosophical branch of it has had most influence among persons of education, the religious among the vulgar 8. The principle of asceticism has never been steadily applied by either party to the business of government 9. The principle of asceticism, in its origin, was but that of utility misapplied 10. It can never be consistently pursued 11. The principle of sympathy and antipathy, what 12. This is rather the negation of all principle, than any- thing positive 13. Sentiments of a partisan of the principle of antipathy 14. The systems that have been formed concerning the standard of right and wrong, are all reducible to this principle various phrases, that have served as the characteristic marks of so many pretended systens: 1. Moral Sense, 26 n.: 2. Common Sense, 26 n.; 3. Understanding, 26 n.; 4. Rule of Right, 26 n.; 5. Fitness of Things, 27 n.; 6. Law of Nature, 27 n.; 7. Law of Reason, Right Reason, Natural Justice, Natural Equity, Good Order, 27 n.; 8. Truth, 27 n.; 9. Doctrine of Election, 27 n.; 10. Repugnancy to Nature, 27n. ; Mischief they produce, 28 n.; Whether utility is actually the sole mund of all the approbation we ever bestow, is a different consideration, 28 n. 15. This principle will frequently coincide with that of utility 16. This principle is most apt to err on the side of severity 17. But errs, in some instances, on the side of lenity 18. The theological principle, what--not a separate prin- ciple The principle of theology how reducible to one or another of the other three principles, 31 n. 19. Antipathy, let the actions it dictates be ever so right, is never of itself a right ground of action lII OF THE FOUR SANCTIONS OR SOURCES OF PAIN AND PLEASURE 1. Connexion of this chapter with the preceding 2. Four sanctions or sources of pleasure and pain 3. The physical sanction 4. The political 5. The moral or popular 6. The religious 7. The pleasures and pains which belong to the religious sanction, may regard either the present life or a future 8. Those which regard the present life, from which soever source they flow, differ only in the circumstances of their production 9. Example 10. Those which regard a future life are not specifically known 11. The physical sanction included in each of the other three 12. Use of this chapter IV VALUE OF A LOT OF PLEASURE OR PAIN, HOW TO BE MEASURED 1. Use of this chapter 2. Circumstances to be taken into the account in esti- mating the value of a pleasure or pain considered with reference to a single person, and by itself 3. ---considered as connected with other pleasures or pains 4. --considered with reference to a number of persons 5. Process for estimating the tendency of any act or event 6. Use of the foregoing process 7. The same process applicable to good and evil, profit and mischief, and all other modifications of pleasure and pain 8. Conformity of men's practice to this theory V PLEASURE AND PAINS, THEIR KINDS 1. Pleasures and pains are either, (1) Simple: or (2) Complex 2. The simple pleasures enumerated 3. The simple pains enumerated Analytical view, why none given, 42 n. 4. Pleasures of sense enumerated 5. Pleasures of wealth, which are either of acquisition, or of possession Pleasures of skill 6. Pleasures of amity 7. Pleasures of a good name 8. Pleasures of power 9. Pleasures of piety 10. Pleasures of benevolence or good-will 11. Pleasures of malevolence or ill-will 12. Pleasures of the memory 13. Pleasures of the imagination 14. Pleasures of expectation 15. Pleasures of depending on association 16. Pleasures of relief 17. Pains of privation 18. These include, (1) Pains of desire 19. (2) Pains of disappointment 20. (3) Pains of regret 21. Pains of the senses No positive pains eorrespond to the pleasure of the sexual sense, 47 n. 22. Pains of awkwardness No positive pains correspond to the pleasure of novelty, 47 n., nor to those of wealth, 47 n.; Is this a distinet positive pain, or only a pain of privation? 47 n. 23. pains of enmity 24. Pains of an ill-name 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 n. 25. Pains of piety No positive pains correspond to the pleasures of power, 48 n.; The positive pains of piety, and the pains of privation, opposed to the pleasures of piety, run into one another 48 n. 26. Pains of benevolence 07. Pains of malevolence 0-8. Pains of the memory 0-9. Pains of the imagination 30. Pains of expectation 31. Pains of association 30-. Pleasures and pains are either self-regarding or extra- regarding Pleasures and pains of amity and enmity distinguished from those of benevolenee and malevolence, 49n. 33. In what wavs the law is concerned with the above pains and pleasures Complex pleasures and pains omitted, why, 49 n. Specimen.- Pleasures of a eountrv prospect, 49 n. VI OF CIRCUMSTANCES INFLUENCING SENSIBILITY 1. Pain and pleasure not uniformly proportioned to their causes 2. Degree or quantum of sensibility, what 3. Bias or quality of sensibility, what 4. Exciting causes pleasurable and dolorifie 5. Circumstances influencing sensibility, what 6. Circumstances influencing sensibility enumerated Extent and intricacy of this subject, 52 n. 7. Health 8. Strength Measure of strength, the weight a man can lift, 54 n.; Weakness, what, 54 n. 9. Hardiness Difference between strength and hardiness 10. Bodily imperfection 11. Quantity and quality of knowledge 12. Strength of intellectual powers 13. Firmness of mind 14. Steadiness 15. Bent of inclinations 16. Moral sensibility 17. Moral biases 18. Religious sensibility 19. Religious biases 20. Sympathetic sensibility 21. Sympathetic biases 22. Antipathetic sensibility and biases 23. Insanity 24. Habitual occupations 25. Pecuniary circumstances 26. Connexions in the way of sympathy 27. Connexions in the way of antipathy 28. Radical frame of body 29. Radical frame of mind Idiosyncrasy, what, 62 n. 30. This distinct from the circumstance of frame of body Whether the soul be material or immaterial makes no difference, 62 n. 31. --and from all others 32. Yet the result of them is not separately discernible 33. Frame of body indicates, but not certainly, that of mind 84. Secondary influencing circumstances 35. Sex 36. Age 87. Rank 88. Education 89. Climate 40. Lineage 41. Government 42. Religious profession 43. Use of the preceding obse'rvations 44. How far the circumstances in question can be taken into account 45. To what exciting causes there is most occasion to apply them 46. Analytical view of the circumstances influencing sensibility Analytical view of the constituent articles in a man's pecuniary circumstances, 72 n. VII OF HUMAN ACTIONS IN GENERAL 1. The demand for punishment depends in part upon the tendency of the act 2. Tendency of an act determined by its consequences 3. Material consequences only are to be regarded 4. These depend in part upon the intention 5. The intention depends as well upon the understanding as the will 6. In an action are to be considered (1) the act; (2) the circumstances; (3) the intentionality; (4) the con- sciousness 7. (5) the motives; (6) the disposition 8. Acts positive and negative Acts of omission are still acts, 75 n. 9. Negative acts may be so relatively or absolutely 10. Negative acts may be expressed positively; and vice versa 11. Acts external and internal 12. Acts of discourse, what 13. External acts may be transitive or intransitive Distinction between transitive acts and intransitive, reeognised by grammarians, 77 n. 14. A transitive act, its commencement, termination, and intermediate progress 15. An intransitive act, its commencement, and termina- tion 16. Acts transient and continued 17. Difference between a continued act and a repetition of acts 18. Difference between a repetition of acts and a habit 19. Acts are indivisible, or divisible, as well with regard to matter as to motion 20. Caution respecting the ambiguity of language 2l. Circumstances are to be considered 22.Circumstances, what Circumstance, archetypation of the word, 79 n. 23. Circumstances material and immaterial 24. 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, 80 25. Example. Assassination of Buckingham 26. It is not every event that has circumstances related to it in all those ways 27 Use of this chapter VIII OF INTENTIONALITY 1. Recapitulation 2. The intention may regard, (1) the act: or (2) the con- .sequences Ambiguity of the words voluntary and involuntary, 84 n. 3. It may regard the act without any of the consequences 4. --or the consequences without regarding the act in all its stages 5. --but not without regarding the first stage An act unintentional in its first stage, may be so with respect to (1) Quantity of matter moved: (2) Direction: (3) Velocity, 85 n. 6. A consequence, when intentional may be directly so, or obliquely 7. When directly, ultimately so, or mediately 8. When directly intentional, it may be exclusively so, or inexelusively 9. When inexclusively, it may be conjunctively, disjunc- tively, or indiscriminately so 10. When disjunctively, it may be with or without prefer- ence Difference between an incident's being unintentional, anddis- junetively intentional, when the eleetion is in favour of the other, 87 n. 11. Example 12. Intentionality of the aet with respeet to its different stages, how far material 13. Goodness and badness of intention dismissed IX OF CONSCIOUSNESS 1. Connexion of this chapter with the foregoing 2. Acts advised and unadvised: consciousness, what 3. Unadvisedness may regard either existence, or mater- iality 4. The circumstance mav have been present, past, or future 5. An unadvised act mav be heedless, or not heedless 6. A misadvised act, what.--a missupposal 7. The supposed circumstance might have been material in the way either of prevention or of compensation 8. It may have been supposed present, past, or future 9. Example, continued from the last chapter 10. In what case consciousness extends the intentionalitv from the act to the consequences 11. Example continued 12. A misadvised act may be rash or not rash 13. The intention may be good or bad in itself, indepen- dently of the motive as well as the eventual conse- quences 14. It is better, when the intention is meant to be spoken of as being good or bad, not to say, the motive 15. Example 16. Intention, in what cases it may be innocent 17. Intentionalitv and consciousness, how spoken of in the Roman law 18. Use of this and the preceding chapter 44. What are the motives most frequently at variance 45. Example to illustrate a struggle among contending motives 46. Practical use of the above disquisitions relative to motives XI OF HUMAN DISPOSITIONS IN GENERAL 1. Disposition, what 2. How far it belongs to the present subject 3. A mischievous disposition; a meritorious disposition; what 4. What a man's disposition is, can only be matter of presumption 5. It depends upon what the act appears to be to him 6. Which position is grounded on two faets: (1) The correspondence between intentions and consequences 7. (2) Between the intentions of the same pcrson at different times A disposition, from which proceeds a habit of doing mischief, cannot be a good one, 127 n. 8. Tile disposition is to be inferred, (1) From the apparent tendency of the aet: (2) from the nature of the motive O. Case 1. Tendency, good--motive, self-regarding 10. Case 2. Tendency, bad--motive, self-regarding 11. Case 3. Tendency, good--motive, good-will 12. Case 4. Tendency, bad--motive, good-will 13. This ease not an impossible one 14. Example I 15. Example II 16. Example III 17. Case 5. Tendency, good--motive, love of reputation The bulk of mankind apt to depreciate this motive, 129 n. 18. Case 6. Tendency, bad--motive, honour 19. Example I 20. Example II 21. Case 7. Tendency, good--motive, piety 22 Case 8. Tendency, bad--motive, religion 23. The disposition may be bad in this ease 24. Case 9. Tendency, good--motive, malevolence Example 25. Case 10. Tendency, bad--motive, malevolence Example 26. Problem--to measure the depravity in a man's dis- position 27. A man's disposition is eonstituted by the sum of his intentions 28. --which owe their birth to motives 29. A seducing or corrupting motive, what--a tutelary or preservatory motive 30. Tutelary motives are either standing or occasional 31. Standing tutelary motives are, Good-will 32. The love of reputation 33. The desire of amity 34. The motive of religion 35. Occasional tutelary motives may be anv whatsoever 36. Motives that are particularly apt to act in this charac- ter are, (1) Love of ease. (2) Self-preservation 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 38. Danger depending on detection may result from, (1) Opposition on the spot: (2) Subsequent punishment 39. The force of the two standing tutelary motives of love of reputation, and desire of amity, depends upon detec- tion 40. Strength of a temptation, what is meant by it 41. Indications afforded by this and other circumstances respecting the depra~-ity of an offender's disposition 42. Rules for measuring the depravity of disposition indi- cated by an offence 43. Use of this chapter X OF MOTIVES i. Different senses of the word motive 1. Motives, why considered 2. Purely speculative motives have nothing to do here 3. Motives to the will 4. Figurative and unfigurative senses of the word 5. Motives interior and exterior 6. Motive in prospect--motive in esse 7. Motives immediate and remote 8. Motives to the understanding how they may influence the will ii. No motives either constantly good or constantly bad 9. Nothing can act of itself as a motive, but the ideas of pleasure or pain 10. No sort of motive is in itself a bad one 11. Inaccuracy of expressions in which good or bad are applied to motives 12. Any sort of motive may give birth to any sort of act 13. Difficulties which stand in the way of an analysis of this sort iii. Catalogue of motives corresponding to that of Pleasures and Pains 14. Physical desire corresponding to pleasures of sense in general 15. The motive corresponding to the pleasures of the palate 16. Sexual desire corresponding to the pleasures of the sexual sense 17. Curiosity, &c. corresponding to the pleasures of curiosity 18. None to the other pleasures of sense 19. Pecuniary interest to the pleasures of wealth 20. None to the pleasures of skill 21. To the pleasures of amity, the desire of ingratiating one's self 22. To the pleasures of a good name, the love of reputation 23. To the pleasures of power, the love of power 24. The motive belonging to the religious sanction 25. Good-will, &c. to the pleasures of sympathy 26. Ill-will, &c. to the pleasures of antipathy 27. Self-preservation, to the several kinds of pains 28. To the pains of exertion, the love of ease 29. Motives can only be bad with reference to the most frequent complexion of their effects 30. How it is that motives, such as lust, avarice, &c are constantly bad 31. Under the above restrictions, motives may be distin- guished into good, bad, and indifferent or neutral 32. Inconveniences of this distribution 33. It is only in individual instances that motives can be good or bad 34. Motives distinguished into social, dissocial, and self- regarding 35. --social, into purely-social, and semi-social ~ iv. Order of pre-eminence among motives 36. The dictates of good-will are the Surest of coinciding with those of utility Laws and dictates conceived as issuing from motives, 116-17 n. 37. Yet do not in all cases 38. Next to them come those of the love of reputation 39. Next those of the desire of amity 40. Difficulty of placing those of religion 41. Tendency they have to improve 42. Afterwards come the self-regarding motives: and lastly that of displeasure v. Conflict among motives 43. Motives impelling and restraining, what XII OF THE CONSEQUENCES OF A MISCHIEVOUS ACT i. Shapes in which the mischief of an act may show itself 1. Recapitulation 2. Mischief of an act, the aggregate of its mischievous consequences 3. The mischief of an act, primary or secondary 4. Primary--original or derivative 5. The secondary--(1) Alarm: or, (2) Danger 6. Example 7. The danger whence it arises--a past offence affords no direct motive to a future 8. But it suggests feasibility, and weakens the force of restraining motives 9. viz. (1) Those issuing from the political sanction 10. (2) Those issuing from the moral 11. It is said to operate by the influence of example 12. The alarm and the danger, though connected, are dis- tinguishable 13. Both may have respect to the same person, or to others 14. The primary consequences of an act may be mis- chievous and the secondary, beneficial 15. Analysis of the different shapes in which the mischief of an act may show itself --applied to the preceding cases 16. --to examples of other cases where the mischief is less conspicuous Example I. An act of self-intoxication 17. Example II. Non-payment of a tax 18. No alarm, when no assignable person is the object ii. How intentionality, &c. may influence the mischief of an act 19. Secondary mischief influenced by the state of the agent's mind 20. Case. 1. Involuntariness 21. Case 2. Unintentionalitv with heedlessness 22. Case. 3.5Iissupposal of a complete justification, with- out rashness 23. Case 4. Missupposal of a partial justification, without rashness 24. Case 5. Missupposal, with rashness 25. Case. 6. Consequences completely intentional, and free from missupposal 26. Tile nature of a motive takes not away the mischief of the secondary consequences 27. Nor the benefieialness 28. But it may agravate the mischievousness, where they are mischievous 29. But not the most in the case of the worst motives 30. It does the more, the more considerable the tendency of the motive to produce such acts 31. --which is as its strength and constancy 32. General efficacy of a species of motive, how measured 33. A mischievous act is more so, when issuing from a self- regarding than when from a dissocial motive 34. --so even when issuing from the motive of religion 35. How the secondary mischief is influenced by disposi- tion 36. Connexion of this with the succeeding chapter XIII CASES UNMEET FOR PUNISHMENT i. General view of cases unmeet for punishment 1. The end of law is, to augment happiness 2. But punishment is an evil What concerns the end, and several other topics, relative to punishment, dismissed to another work, 158 n.; Concise view of the ends of punishment, 158 n. 3. Therefore ought not to be admitted Where groundless; Inefficacious; Unprofitable; Or need- less, 159 ~ ii. Cases in which punishment is groundless 4. W here there has never been any mischief: as in the case of consent 5. Vvllere the mischief was outweighed: as in precaution against calamity, and the exercise of powers 6. ---or will, for a certainty, be cured by compensation Hence the favours shown to the offences of responsible offenders: such as simple mercantile frauds, 160 n. iii. Cases in which punishment must be inefi- cacious 7. Where the penal provision comes too late: as in (1) An ex-post-facto law--(2) an ultra-legal sentence 8. Or is not made known: as in a law not sufficiently promulgated 9. Where the will cannot be deterred from any act, as in (1) infancy, (2) insanity, (3) intoxication, 161 In infancy and intoxication the case cab hardly be proved to come under the rule, 161 n.; the reason for not punishing in these three cases is commonly put upon a wrong footing, 161 n. 10. Or not from the individual act in question, as in (1) unintentionality, (2) unconsciousness, (3) rnissupposal, 161 11. Or is acted on by an opposite superior force: as by (1) physical clanger. (2) threatened misctlief, 162 Why the influence of the moral and religious sanctions is not mentioned in the same view, 162 n. 12. --or the bodily organs cannot follow its determination: as under physical compulsion or restraint iv. Cases where punishment is unprofitable 13. 1. W'here, in the sort of case in question, the punish- ment would produce more evil than the offence would 14. Evil producible by a punishment--its four branches-- viz. (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) 16. 2. Or, in the individual case in question by reason of (1) the multitude of delinquents, (2) The value of a delin- quent's .. service, (3) The d~spleasure of the people, (4) The alspleasure of foreign powers, 164 v. Cases where punishment is needless 17. Where the mischief is to be prevented at a cheaper rate: as by instruction xIV OF THE PROPORTION BETWEEN PUNISHMENTS AND OFFENCES 1. Recapitulation 2. Four objects of punishment 3. 1st Object--to prevent all offences 4. 2d Object--to prevent the worst 5. 3d Object--to keep down the mischief 6. 4th Object--to act at the least expense 7. Rules of proportion between punishments and offences The same rules applicable to motives in general, 165 n. 8. Rule 1.--Outweigh the profit of the offence Profit may be of any other kind, as well as pecuniary, 166 n.; Im- propriety of the notion that the punishment ought not to in- crease with the temptation, 166 n. 9. The propriety of taking the strength of the temptation for a ground of abatement, no objection to this rule 10. Rule 2.--Venture more against a great offence than a small one Example.--Ineendiarism and coining, 168 n. 11. Rule 3.--Cause the least of two offences to be preferred 12. Rule 4.--Punish for each particle of the mischief Example.--In blows given, and money stolen, 168 n. 13. Rule 5.--Punish in no degree without special reason 14. Rule 6.--Attend to circumstances influencing sensi- bility 15. Comparative view of the above rules 16. Into the account of the value of a punishment, must be taken its deficiency in point of certainty and proximity 17. Also, into the account of the mischief, and profit of the offence, the mischief and profit of other offences of the same habit 18. Rule 7.--Want of certainty must be made up in magnitude 3. To be so, it must be detrimental to some one or more of its members 4. These may be assignable or not Persons assignable, how, 188 n. 5. If assignable, the offender himself, or others 6. Class 1. Private offences 7. Class 2. Semi-public offences Limits between private, semi-public, and public offences, are, strictly speaking, undistingnishab]e, 189 n. 8. Class 3. Self-regarding offenees 9. Class 4. Public offenees 10. Class 5. Multiform offences, viz. (1) Offences by falsehood, (2) Offences against trust, 190 The imperfections of language an obstacle to arrangement, 190 n.; Irregularity of this class, 190 n.; --which could not be avoided on any other plan, 190 n. 11. Divisions of Class 1 (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 n. 12. Divisions of Class 2 (1) Offences through calamity 13. Sub-divisions of offences through calamity, dismissed 14. (2) Offences of mere delinquency, how they correspond with the divisions of private offences 15. Divisions of Class 3 coincide with those of Class 1 16. Divisions of Class Exhaustive method departed from, 196 n. 17. Connection of the nine first divisions one with another 18. Connection of offenees against religion with the fore- going ones 19. Connection of offences against the national interest in general with the rest 20. Sub-divisions of Class 5 enumerated Divisions of offences by falsehood 21. Offences by falsehood, in what they agree with one another 22. --in what they differ 23. Sub-divisions of offences by falsehood are determined by the divisions of the preceding classes 24. Offences of this class, in some instances, change their names; in others, not 25. A trust, what Power and right, why no complete definition is here given of them, ~05 n. 26. Offences against trust, condition, and property, why ranked under separate divisions 27. Offenees against trust--their connexion with each other 28. Prodigality in trustees dismissed to Class 3 29. The sub-divisions of offences against trust are also determined by the divisions of the preceding classes 30. Connexion between offences by falsehood and offenees against trust iii. Genera of class ! 31. Analysis into genera pursued no further than Class 1. 32. Offences against an individual may be simple in their effects or complex 33. Offences against person--their genera 34. Offenees against reputation 35. Offences against property Payment, what, 227 n. 36. Offences against person and reputation 37. Offences against person and property 38. Offences against condition.--Conditions domestic or civil 39. Domestic conditions grounded on natural relationships Relations--two result from every two objects, 235 n. 40. Domestic relations which are purely of legal institution 19. Rule 8.--So also want of proximity 20. Rule 9.---For acts indicative of a habit, punish as for the habit 21. The remaining rules are of less importance 22. Rule 10.--For the sake of quality, increase in quantity 23. Rule ll.--Particularly for a moral lesson A punishment applied by way of moral lesson, what, 171 n.; Example.--In simple corporal injuries, 171 n.; Example.--In military laws, 171 n. 24. Rule 12.--Attend to circumstances which may render punishment unprofitable 25. Rule 13.--For simplicity's sake, small disproportions may be neglected Proportionality carried very far in the present work--why, 172 n. 26. Auxiliary force of the physical, moral, and religious sanctions, not here allowed for--why 27. Recapitulation 28. The nicety here observed vindicated from the charge of inutility XV OF THE PROPERTIES TO BE GIVEN TO A LOT OF PUNISHMENT 1. Properties are to be governed by proportion 2. Property 1. Variability 3. Property 2. Equability 4. Punishments which are apt to be deficient in this respect 5. Property 3. Commensurability to other punishments 6. How two lots of punishment may be rendered perfectly commensurable 7. Property 4. Characteristicalness 8. The mode of punishment the most eminently character- lstic, is that of retaliation 9. Property 5.--Exemplarity 10. The most effectual way of rendering a punishment exemplary is by means of analogy 11. Property 6. Frugality 12. Frugality belongs in perfection to pecuniary punish- ment 13. Exemplarity and frugality in what they differ and agree l4. Other properties of inferior importance 15. Property 7. Subserviency to reformation 16. --applied to offences originating in ill-will 17. --to offences originating in indolence joined to pecu- niary interest 18. Property 8. Efficacy with respect to disablement 19. --is most conspicuous in capital punishment 20. Other punishments in which it is to be found 21. Property 9. Subserviency to compensation 22. Property 10. Popularity Characteristicalness renders a punishment, (1) memorable (2) exemplary (3) popular, 183 n. 23. Mischiefs resulting from the unpopularity of a punish- ment--discontent among the people, and weakness in the law 24. This property supposes a prejudice which the legisla- ture ought to cure 25. Property II. Remissibility 26. To obtain all these properties, punishments must be mixed 27. The foregoing properties recapitulated 28. Connexion of this with the ensuing chapter XVI DIVISION OF OFFENCES ~ i. Classes of offences 1. Distinction between what are offences and what ought to be Method pursued in the following divisions, 187 n. 2. No act ought to be an offence but what is detrimental to the community 41. Offences touching the condition of a master 42. Various modes of servitude 48. Offenees touching the condition of a servant 44. Guardianship, what--Necessity of the institution 45. Duration to be given to it 46. Powers that may, and duties that ought to be, annexed to it 47. Offences touching the condition of a guardian 48. Offences touching the condition of a ward 49. Offences touching the condition of a parent 50. Offences touching the filial condition 51. Condition of a husband.--Powers, duties, and rights, that may be annexed to it 52. Offences touching the condition of a husband 58. Offences touching the condition of a wife 54. [Uncontiguous domestic relations] 55. Civil conditions ~ iv. Advantages of the present method 56. General idea of the method here pursued 57. Its advantages--It is convenient for the apprehension and the memory 58. --It gives room for general propositions 59. --It points out the reason of the law 60. --It is alike applicable to the laws of all nations ~ v. Characters of the five classes 61. Characters of the classes, how deducible from the above method 62. Characters of class 1 63. Characters of class 2 64. Characters of class 3 65. Characters of class 4 66. Characters of class 5 XVII OF THE LIMITS OF THE PENAL BRANCH OF JURISPRUDENCE Limits between private ethics and the art of legislation 1. Use of this chapter 2. Ethics in general, what 8. Private ethics 4. The art of government: that is, of legislation and administration Interests of the inferior animals improperly neglected in legis- lation, 282 n. 5. Art of education 6. Ethics exhibit the rules of, (1) Prudence. (2) Probity. (8) Beneficence, 283 7. Probity and beneficence how they connect with pru- dence 8. Every act which is a proper object of ethies is not of legislation 9. The limits between the provinces of private ethics and legislation, marked out by the eases unmeet for punishment 10. Neither ought to apply where punishment is ground- less 11. How far private ethics can apply in the eases where punishment would be inefficacious 12. How far, where it would be unprofitable 13. Which is may be, (1) Although confined to the guilty 14. (2) By enveloping the innocent 15. Legislation how far necessary for the enforcement of the dictates of prudence 16. --Apt to go too far in this respect 17. --Particularly in matters of religion 18. --How far necessary for the enforcement of the dic- tates of probity 19. --of the dictates of beneficence 20. Difference between private ethics and the art of legislation recapitulated ii. Jurisprudence, its branches ol. Jurisprudence, expository---censorial 2o. Expository jurisprudence, authoritative-- unauthori- tative 23. Sources of the distinctions yet remaining 23. Jurisprudence, local--universal 25. --internal and international 26. Internal jurisprudence, national and provincial, local or particular 27. Jurisprudence, ancient--living 28. Jurisprudence, statutory---customary 29. Jurisprudence, civil--penal-criminal Question, concerning the distinction between the civil branch and the penal, stated CONCLUDING NOTE 1. Occasion and purpose of this concluding note 2. B y a law here is not meant a statute 3. Every law is either a command, or a revocation of one 4. A declaratory law is not, properly speaking, a law 5. Every coercive law creates an offence 6. A law creating an offence, and one appointing punish- ment are distinct laws 7. A diseoereive law can have no punitory one appertain- ing to it but through the intervention of a coercive one 8. But a punitory law involves the simply imperative one it belongs to 9. The simply imperative one might therefore be spared, but for its expository matter 10. Nature of such expository matter 11. The vastness of its comparative bulk is not peculiar to legislative commands 12. The same mass of expository matter may serve in com- mon for many laws 13. The imperative character essential to law, is apt to be concealed in and by expository matter 14. The concealment is favoured by the multitude of indirect forms in which imperative matter is capable of being couched 15. Number and nature of the laws in a code, how deter- mined 16. General idea of the limits between a civil and a penal code 17. Contents of a civil code 18. Contents of a penal code 19. In the Code Frederic the imperative character is almost lost in the expository matter 20. So in the Roman law 21. In the barbarian codes it stands conspicuous 22. Constitutional code, its connexion with the two others 23. Thus the matter of one law may be divided among all three codes 24. Expository matter a great quantity of it exists ev, ery- where, in no other form than that of common or judiciary law 25. Hence the deplorable state of the science of legislation, considered in respect of its form 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 27. Example: American declarations of rights INDEX OF SUBJECTS INDEX OF NAMES |
