《An introduction to the principles of morals and legislation》求取 ⇩

PREFACE1

Ⅰ OF THE PRINCIPLE OF UTILITY11

1. Mankind governed by pain and pleasure11

2. Principle of utility, what11

A principle, what11

3. Utility, what12

4-5. Interest of the community, what12

6. An action conformable to the principle of utility, what12

7. A measure of government conformable to the principle of utility, what13

8. Laws or dictates of utility, what13

9. A partisan of the principle of utility, who13

10. Ought, ought not, right and wrong, c. how to be understood13

11. To prove the rectitude of this principle is at once un-necessary and impossible13

12. It has seldom, however, as yet, been consistently pursued13

13. It can never be consistently combated14

14. Course to be taken for surmounting prejudices that may have been entertained against it15

Ⅱ OF PRINCIPLES ADVERSE TO THAT OF UTILITY17

1. All other principles than that of utility must be wrong17

2. Ways in which a principle may be wrong17

Asceticism, origin of the word17

Principles of the Monks17

3. Principle of asceticism, what17

4. A partisan of the principle of asceticism, who18

5. This principle has had in some a philosophical, in others a religious origin18

6. It has been carried farther by the religious party than by the philosophical18

7. The philosophical branch of it has had most influence among persons of education, the religious among the vulgar19

8. The principle of asceticism has never been steadily applied by either party to the business of government19

9. The principle of asceticism, in its origin, was but that of utility misapplied21

10. It can never be consistently pursued21

11. The principle of sympathy and antipathy, what21

12. This is rather the negation of all principle, than anything positive25

13. Sentiments of a partisan of the principle of antipathy25

14. The systems that have been formed concerning the standard of right and wrong, are all reducible to this principle25

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

1. Moral Sense26

2. Common Sense26

3. Understanding26

4. Rule of Right26

5. Fitness of Things27

6. Law of Nature27

7. Law of Reason, Right Reason, Natural Justice, Natural Equity, Good Order27

8. Truth27

9. Doctrine of Election27

10. Repugnancy to Nature27

Mischief they produce28

Whether utility is actually the sole ground of all the approbation we ever bestow, is a different consideration28

15. This principle will frequently coincide with that of utility29

16. This principle is most apt to err on the side of severity29

17. But errs, in some instances, on the side of lenity31

18. The theological principle, what-not a separate principle31

The principle of theology how reducible to one or another of the other three principles31

19. Antipathy, let the actions it dictates be ever so right, is never of itself a right ground of action32

Ⅲ OF THE FOUR SANCTIONS OR SOURCES OF PAIN AND PLEASURE34

1. Connexion of this chapter with the preceding34

2. Four sanctions or sources of pleasure and pain34

3. The physical sanction35

4. The political35

5. The moral or popular35

6. The religious35

7. The pleasures and pains which belong to the religious sanction, may regard either the present life or a future35

8. Those which regard the present life, from which soever source they flow, differ only in the circumstances of their production35

9. Example36

10. Those which regard a future life are not specifically known36

11. The physical sanction included in each of the other three37

12. Use of this chapter37

Ⅳ VALUE OF A LOT OF PLEASURE OR PAIN, HOW TO BE MEASURED38

1. Use of this chapter38

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 itself38

3. -considered as connected with other pleasures or pains38

4. -considered with reference to a number of persons39

5. Process for estimating the tendency of any act or event39

6. Use of the foregoing process40

7. The same process applicable to good and evil, profit and mischief, and all other modifications of pleasure and pain40

8. Conformity of men's practice to this theory40

Ⅴ PLEASURE AND PAINS, THEIR KINDS42

1. Pleasures and pains are either, (1) Simple: or (2) Complex42

2. The simple pleasures enumerated42

3. The simple pains enumerated42

Analytical view, why none given42

4. Pleasures of sense enumerated43

5. Pleasures of wealth, which are either of acquisition, or of possession43

Pleasures of skill43

6. Pleasures of amity43

7. Pleasures of a good name44

8. Pleasures of power44

9. Pleasures of piety44

10. Pleasures of benevolence or good-will44

11. Pleasures of malevolence or ill-will44

12. Pleasures of the memory45

13. Pleasures of the imagination45

14. Pleasures of expectation45

15. Pleasures of depending on association45

16. Pleasures of relief45

17. Pains of privation46

18. These include, (1) Pains of desire46

19. (2) Pains of disappointment46

20. (3) Pains of regret46

21. Pains of the senses46

No positive pains correspond to the pleasure of the sexual sense47

22. Pains of awkwardness47

No positive pains correspond to the pleasure of novelty47

nor to those of wealth47

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

23. Pains of enmity47

24. Pains of an ill-name47

The positive pains of an ill-name, and the pains of privation, opposed to the pleasures of a good name, run into one another46

25. Pains of piety48

No positive pains correspond to the pleasures of power48

The positive pains of piety, and the pains of privation, opposed to the pleasures of piety, run into one another48

26. Pains of benevolence48

27. Pains of malevolence48

28. Pains of the memory48

29. Pains of the imagination48

30. Pains of expectation48

31. Pains of association49

32. Pleasures and pains are either self-regarding or extra-regarding49

Pleasures and pains of amity and enmity distinguished from those of benevolence and malevolence49

33. In what ways the law is concerned with the above pains and pleasures49

Complex pleasures and pains omitted, why49

Specimen.- Pleasures of a country prospect49

Ⅵ OF CIRCUMSTANCES INFLUENCING SENSIBILITY51

1. Pain and pleasure not uniformly proportioned to their causes51

2. Degree or quantum of sensibility, what51

3. Bias or quality of sensibility, what51

4. Exciting causes pleasurable and dolorific51

5. Circumstances influencing sensibility, what52

6. Circumstances influencing sensibility enumerated52

Extent and intricacy of this subject52

7. Health53

8. Strength53

Measure of strength, the weight a man can lift54

Weakness, what54

9. Hardiness54

Difference between strength and hardiness54

10. Bodily imperfection55

11. Quantity and quality of knowledge55

12. Strength of intellectual powers55

13. Firmness of mind56

14. Steadiness56

15. Bent of inclinations56

16. Moral sensibility57

17. Moral biases57

18. Religious sensibility57

19. Religious biases57

20. Sympathetic sensibility57

21. Sympathetic biases57

22. Antipathetic sensibility and biases58

23. Insanity58

24. Habitual occupations58

25. Pecuniary circumstances58

26. Connexions in the way of sympathy60

27. Connexions in the way of antipathy61

28. Radical frame of body61

29. Radical frame of mind62

Idiosyncrasy, what62

30. This distinct from the circumstance of frame of body62

Whether the soul be material or immaterial makes no difference62

31. -and from all others62

32. Yet the result of them is not separately discernible63

33. Frame of body indicates, but not certainly, that of mind63

34. Secondary influencing circumstances64

35. Sex64

36. Age65

37. Rank65

38. Education66

39. Climate67

40. Lineage67

41. Government67

42. Religious profession68

43. Use of the preceding observations69

44. How far the circumstances in question can be taken into account69

45. To what exciting causes there is most occasion to apply them70

46. Analytical view of the circumstances influencing sensibility72

Analytical view of the constituent articles in a man's pecuniary circumstances72

Ⅶ OF HUMAN ACTIONS IN GENERAL74

1. The demand for punishment depends in part upon the tendency of the act74

2. Tendency of an act determined by its consequences74

3. Material consequences only are to be regarded74

4. These depend in part upon the intention74

5. The intention depends as well upon the understanding as the will75

6. In an action are to be considered (1) the act; (2) the circumstances; (3) the intentionality; (4) the con-sciousness75

7. (5) the motives; (6) the disposition75

8. Acts positive and negative75

Acts of omission are still acts75

9. Negative acts may be so relatively or absolutely76

10. Negative acts may be expressed positively; and vice versa76

11. Acts external and internal76

12. Acts of discourse, what76

13. External acts may be transitive or intransitive76

Distinction between transitive acts and intransitive, recognised by grammarians77

14. A transitive act, its commencement, termination, and intermediate progress77

15. An intransitive act, its commencement, and termination77

16. Acts transient and continued78

17. Difference between a continued act and a repetition of acts78

18. Difference between a repetition of acts and a habit78

19. Acts are indivisible, or divisible, as well with regard to matter as to motion78

20. Caution respecting the ambiguity of language79

21. Circumstances are to be considered79

22. Circumstances, what79

Circumstance, archetypation of the word79

23. Circumstances material and immaterial80

24. A circumstance may be related to an event in point of causality, in four ways, viz80

(1) Production.(2) Derivation.(3) Collateral connexion.(4) Conjunct influence80

25. Example. Assassination of Buckingham80

26. It is not every event that has circumstances related to it in all those ways81

27. Use of this chapter82

Ⅷ OF INTENTIONALITY84

1. Recapitulation84

2. The intention may regard, (1) the act: or (2) the con-sequences84

Ambiguity of the words voluntary and involuntary84

3. It may regard the act without any of the consequences84

4. -or the consequences without regarding the act in all its stages84

5. -but not without regarding the first stage85

An act unintentional in its first stage, may be so with respect to (1) Quantity of matter moved: (2) Direction: (3) Velocity85

6. A consequence, when intentional, may be directly so, or obliquely86

7. When directly, ultimately so, or mediately86

8. When directly intentional, it may be exclusively so, or inexclusively86

9. When inexclusively, it may be conjunctively, disjunctively, or indiscriminately so86

10. When disjunctively, it may be with or without preference87

Difference between an incident's being unintentional, and dis-junctively intentional, when the election is in favour of the other87

11. Example87

12. Intentionality of the act with respect to its different stages, how far material88

13. Goodness and badness of intention dismissed88

Ⅸ OF CONSCIOUSNESS90

1. Connexion of this chapter with the foregoing90

2. Acts advised and unadvised: consciousness, what90

3. Unadvisedness may regard either existence, or materiality90

4. The circumstance may have been present, past, or future90

5. An unadvised act may be heedless, or not heedless90

6. A misadvised act, what.-a missupposal90

7. The supposed circumstance might have been material in the way either of prevention or of compensation91

8. It may have been supposed present, past, or future91

9. Example, continued from the last chapter91

10. In what case consciousness extends the intentionality from the act to the consequences92

11. Example continued92

12. A misadvised act may be rash or not rash92

13. The intention may be good or bad in itself, independently of the motive as well as the eventual consequences92

14. It is better, when the intention is meant to be spoken of as being good or bad, not to say, the motive93

15. Example93

16. Intention, in what cases it may be innocent94

17. Intentionality and consciousness, how spoken of in the Roman law94

18. Use of this and the preceding chapter95

Ⅹ OF MOTIVES96

§ ⅰ. Different senses of the word motive96

1. Motives, why considered96

2. Purely speculative motives have nothing to do here96

3. Motives to the will96

4. Figurative and unfigurative senses of the word97

5. Motives interior and exterior97

6. Motive in prospect-motive in esse98

7. Motives immediate and remote98

8. Motives to the understanding how they may influence the will99

§ ⅱ. No motives either constantly good or constantly bad100

9. Nothing can act of itself as a motive, but the ideas of pleasure or pain100

10. No sort of motive is in itself a bad one100

11. Inaccuracy of expressions in which good or bad are applied to motives100

12. Any sort of motive may give birth to any sort of act100

13. Difficulties which stand in the way of an analysis of this sort101

§ ⅲ. Catalogue of motives corresponding to that of Pleasures and Pains103

14. Physical desire corresponding to pleasures of sense in general103

15. The motive corresponding to the pleasures of the palate103

16. Sexual desire corresponding to the pleasures of the sexual sense104

17. Curiosity, c. corresponding to the pleasures of curiosity104

18. None to the other pleasures of sense104

19. Pecuniary interest to the pleasures of wealth105

20. None to the pleasures of skill105

21. To the pleasures of amity, the desire of ingratiating one's self105

22. To the pleasures of a good name, the love of reputation105

23. To the pleasures of power, the love of power108

24. The motive belonging to the religious sanction108

25. Good-will, c. to the pleasures of sympathy109

26. Ill-will, c. to the pleasures of antipathy111

27. Self-preservation, to the several kinds of pains112

28. To the pains of exertion, the love of ease113

29. Motives can only be bad with reference to the most frequent complexion of their effects114

30. How it is that motives, such as lust, avarice, c are constantly bad114

31. Under the above restrictions, motives may be distinguished into good, bad, and indifferent or neutral115

32. Inconveniences of this distribution115

33. It is only in individual instances that motives can be good or bad116

34. Motives distinguished into social, dissocial, and self-regarding116

35. -social, into purely-social, and semi-social116

§ ⅳ. Order of pre-eminence among motives116

36. The dictates of good-will are the surest of coinciding with those of utility116

Laws and dictates conceived as issuing from motives116

37. Yet do not in all cases117

38. Next to them come those of the love of reputation118

39. Next those of the desire of amity119

40. Difficulty of placing those of religion119

41. Tendency they have to improve121

42. Afterwards come the self-regarding motives: and lastly that of displeasure121

§ ⅴ. Conflict among motives122

43. Motives impelling and restraining, what122

44. What are the motives most frequently at variance122

45. Example to illustrate a struggle among contending motives122

46. Practical use of the above disquisitions relative to motives123

Ⅺ OF HUMAN DISPOSITIONS IN GENERAL125

1. Disposition, what125

2. How far it belongs to the present subject125

3. A mischievous disposition; a meritorious disposition; what126

4. What a man's disposition is, can only be matter of presumption126

5. It depends upon what the act appears to be to him126

6. Which position is grounded on two facts: (1) The correspondence between intentions and consequences126

7. (2) Between the intentions of the same person at different times127

A disposition, from which proceeds a habit of doing mischief, cannot be a good one127

8. The disposition is to be inferred, (1) From the apparent tendency of the act: (2) from the nature of the motive127

9. Case 1. Tendency, good-motive, self-regarding127

10. Case 2. Tendency, bad-motive, self-regarding127

11. Case 3. Tendency, good-motive, good-will128

12. Case 4. Tendency, bad-motive, good-will128

13. This case not an impossible one128

14. Example I128

15. Example II129

16. Example III129

17. Case 5. Tendency, good-motive, love of reputation129

The bulk of mankind apt to depreciate this motive129

18. Case 6. Tendency, bad-motive, honour130

19. Example I130

20. Example II130

21. Case 7. Tendency, good-motive, piety131

22. Case 8. Tendency, bad-motive, religion131

23. The disposition may be bad in this case131

24. Case 9. Tendency, good-motive, malevolence133

Example133

25. Case 10. Tendency, bad-motive, malevolence133

Example134

26. Problem-to measure the depravity in a man's dis-position134

27. A man's disposition is constituted by the sum of his intentions134

28. -which owe their birth to motives134

29. A seducing or corrupting motive, what-a tutelary or preservatory motive134

30. Tutelary motives are either standing or occasional134

31. Standing tutelary motives are, Good-will135

32. The love of reputation135

33. The desire of amity136

34. The motive of religion136

35. Occasional tutelary motives may be any whatsoever137

36. Motives that are particularly apt to act in this character are, (1) Love of ease. (2) Self-preservation137

37. Dangers to which self-preservation is most apt in this case to have respect, are, (1) Dangers purely physical. (2) Dangers depending on detection137

38. Danger depending on detection may result from, (1) Opposition on the spot: (2) Subsequent punishment138

39. The force of the two standing tutelary motives of love of reputation, and desire of amity, depends upon detection138

40. Strength of a temptation, what is meant by it138

41. Indications afforded by this and other circumstances respecting the depravity of an offender's disposition139

42. Rules for measuring the depravity of disposition indicated by an offence140

43. Use of this chapter141

Ⅻ OF THE CONSEQUENCES OF A MISCHIEVOUS ACT143

§ ⅰ. Shapes in which the mischief of an act may show itself143

1. Recapitulation143

2. Mischief of an act, the aggregate of its mischievous consequences143

3. The mischief of an act, primary or secondary143

4. Primary-original or derivative143

5. The secondary-(1) Alarm: or, (2) Danger144

6. Example144

7. The danger whence it arises-a past offence affords no direct motive to a future145

8. But it suggests feasibility, and weakens the force of restraining motives145

9. viz. (1) Those issuing from the political sanction146

10. (2) Those issuing from the moral146

11. It is said to operate by the influence of example147

12. The alarm and the danger, though connected, are distinguishable147

13. Both may have respect to the same person, or to others147

14. The primary consequences of an act may be mis-chievous and the secondary, beneficial147

15. Analysis of the different shapes in which the mischief of an act may show itself147

-applied to the preceding cases149

16. -to examples of other cases where the mischief is less conspicuous149

Example Ⅰ. An act of self-intoxication149

17. Example Ⅱ. Non-payment of a tax149

18. No alarm, when no assignable person is the object151

§ ⅱ. How intentionality, c. may influence the mischief of an act152

19. Secondary mischief influenced by the state of the agent's mind152

20. Case. 1. Involuntariness153

21. Case 2. Unintentionalty with heedlessness153

22. Case. 3. Missupposal of a complete justification, without rashness153

23. Case 4. Missupposal of a partial justification, without rashness153

24. Case 5. Missupposal, with rashness153

25. Case. 6. Consequences completely intentional, and free from missupposal154

26. The nature of a motive takes not away the mischief of the secondary consequences154

27. Nor the beneficialness154

28. But it may aggravate the mischievousness, where they are mischievous155

29. But not the most in the case of the worst motives155

30. It does the more, the more considerable the tendency of the motive to produce such acts155

31. -which is as its strength and constancy155

32. General efficacy of a species of motive, how measured155

33. A mischievous act is more so, when issuing from a self-regarding than when from a dissocial motive155

34. -so even when issuing from the motive of religion156

35. How the secondary mischief is influenced by disposition156

36. Connexion of this with the succeeding chapter156

ⅩⅢ CASES UNMEET FOR PUNISHMENT156

§ ⅰ. General view of cases unmeet for punishment158

1. The end of law is, to augment happiness158

2. But punishment is an evil158

What concerns the end, and several other topics, relative to punishment, dismissed to another work158

Concise view of the ends of punishment158

3. Therefore ought not to be admitted159

Where groundless; Inefficacious; Unprofitable; Or needless159

§ ⅱ. Cases in which punishment is groundless159

4. Where there has never been any mischief: as in the case of consent159

5. Where the mischief was outweighed: as in precaution against calamity, and the exercise of powers159

6. -or will, for a certainty, be cured by compensation160

Hence the favours shown to the offences of responsible offenders: such as simple mercantile frauds160

§ ⅲ. Cases in which punishment must be inefficacious160

7. Where the penal provision comes too late: as in (1) An ex-post-facto law-(2) an ultra-legal sentence160

8. Or is not made known: as in a law not sufficiently promulgated160

9. Where the will cannot be deterred from any act, as in161

(1) infancy (2) insanity (3) intoxication161

In infancy and intoxication the case can hardly be proved to come under the rule161

the reason for not punishing in these three cases is commonly put upon a wrong footing161

10. Or not from the individual act in question, as in161

(1) unintentionality (2) unconsciousness (3) missupposal161

11. Or is acted on by an opposite superior force: as by162

(1) physical danger. (2) threatened mischief162

Why the influence of the moral and religious sanctions is not mentioned in the same view162

12. -or the bodily organs cannot follow its determination: as under physical compulsion or restraint162

§ ⅳ. Cases where punishment is unprofitable163

13. 1. Where, in the sort of case in question, the punishment would produce more evil than the offence would163

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

(1) Restraint (2) Apprehension (3) Sufferance (4) Derivative evils163

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 of163

(1) the multitude of delinquents (2) The value of a delinquent's service (3) The displeasure of the people (4) The displeasure of foreign powers164

§ ⅴ. Cases where punishment is needless164

17. Where the mischief is to be prevented at a cheaper rate: as by instruction164

ⅩⅣ OF THE PROPORTION BETWEEN PUNISHMENTS AND OFFENCES165

1. Recapitulation165

2. Four objects of punishment165

3. 1st Object-to prevent all offences165

4. 2d Object-to prevent the worst165

5. 3d Object-to keep down the mischief165

6. 4th Object-to act at the least expense165

7. Rules of proportion between punishments and offences165

The same rules applicable to motives in general165

8. Rule 1.-Outweigh the profit of the offence166

Profit may be of any other kind, as well as pecuniary166

Impropriety of the notion that the punishment ought not to increase with the temptation166

9. The propriety of taking the strength of the temptation for a ground of abatement, no objection to this rule167

10. Rule 2.-Venture more against a great offence than a small one168

Example.-Incendiarism and coining168

11. Rule 3.-Cause the least of two offences to be preferred168

12. Rule 4.-Punish for each particle of the mischief168

Example.-In blows given, and money stolen168

13. Rule 5.-Punish in no degree without special reason169

14. Rule 6.-Attend to circumstances influencing sensibility169

15. Comparative view of the above rules169

16. Into the account of the value of a punishment, must be taken its deficiency in point of certainty and proximity169

17. Also, into the account of the mischief, and profit of the offence, the mischief and profit of other offences of the same habit170

18. Rule 7.-Want of certainty must be made up in magnitude170

19. Rule 8.-So also want of proximity170

20. Rule 9.-For acts indicative of a habit, punish as for the habit170

21. The remaining rules are of less importance170

22. Rule 10.-For the sake of quality, increase in quantity171

23. Rule 11.-Particularly for a moral lesson171

A punishment applied by way of moral lesson, what171

Example.-In simple corporal injuries171

Example.-In military laws171

24. Rule 12.-Attend to circumstances which may render punishment unprofitable171

25. Rule 13.-For simplicity's sake, small disproportions may be neglected171

Proportionality carried very far in the present work-why172

26. Auxiliary force of the physical, moral, and religious sanctions, not here allowed for-why172

27. Recapitulation172

28. The nicety here observed vindicated from the charge of inutility173

ⅩⅤ OF THE PROPERTIES TO BE GIVEN TO A LOT OF PUNISHMENT175

1. Properties are to be governed by proportion175

2. Property 1. Variability175

3. Property 2. Equability175

4. Punishments which are apt to be deficient in this respect176

5. Property 3. Commensurability to other punishments177

6. How two lots of punishment may be rendered perfectly commensurable177

7. Property 4. Characteristicalness177

8. The mode of punishment the most eminently characteristic, is that of retaliation178

9. Property 5.-Exemplarity178

10. The most effectual way of rendering a punishment exemplary is by means of analogy179

11. Property 6. Frugality179

12. Frugality belongs in perfection to pecuniary punishment179

13. Exemplarity and frugality in what they differ and agree180

14. Other properties of inferior importance180

15. Property 7. Subserviency to reformation180

16. -applied to offences originating in ill-will181

17. -to offences originating in indolence joined to pecuniary interest181

18. Property 8. Efficacy with respect to disablement181

19. -is most conspicuous in capital punishment181

20. Other punishments in which it is to be found182

21. Property 9. Subserviency to compensation182

22. Property 10. Popularity183

Characteristicalness renders a punishment, (1) memorable (2) exemplary (3) popular183

23. Mischiefs resulting from the unpopularity of a punishment-discontent among the people, and weakness in the law183

24. This property supposes a prejudice which the legislature ought to cure183

25. Property 11. Remissibility184

26. To obtain all these properties, punishments must be mixed185

27. The foregoing properties recapitulated185

28. Connexion of this with the ensuing chapter186

ⅩⅥ DIVISION OF OFFENCES187

§ ⅰ. Classes of offences187

1. Distinction between what are offences and what ought to be187

Method pursued in the following divisions187

2. No act ought to be an offence but what is detrimental to the community188

3. To be so, it must be detrimental to some one or more of its members188

4. These may be assignable or not188

Persons assignable, how188

5. If assignable, the offender himself, or others188

6. Class 1. Private offences188

7. Class 2. Semi-public offences189

Limits between private, semi-public, and public offences, are, strictly speaking, undistinguishable189

8. Class 3. Self-regarding offences189

9. Class 4. Public offences189

10. Class 5. Multiform offences, viz190

(1) Offences by falsehood (2) Offences against trust190

The imperfections of language an obstacle to arrangement190

Irregularity of this class190

-which could not be avoided on any other plan190

§ ⅱ. Divisions and sub-divisions191

11. Divisions of Class 1191

(1) Offences against person (2) Property (3) Reputation (4) Condition (5) Person and reputation (6) Person and property191

In what manner pleasure and pain depend upon the relation a man bears to exterior objects191

12. Divisions of Class 2 (1) Offences through calamity194

13. Sub-divisions of offences through calamity, dismissed194

14. (2) Offences of mere delinquency, how they correspond with the divisions of private offences195

15. Divisions of Class 3 coincide with those of Class 1195

16. Divisions of Class 4196

Exhaustive method departed from196

17. Connection of the nine first divisions one with another196

18. Connection of offences against religion with the fore-going ones201

19. Connection of offences against the national interest in general with the rest202

20. Sub-divisions of Class 5 enumerated Divisions of offences by falsehood203

21. Offences by falsehood, in what they agree with one another203

22. -in what they differ203

23. Sub-divisions of offences by falsehood are determined by the divisions of the preceding classes204

24. Offences of this class, in some instances, change their names; in others, not204

25. A trust, what205

Power and right, why no complete definition is here given of them205

26. Offences against trust, condition, and property, why ranked under separate divisions208

27. Offences against trust-their connexion with each other214

28. Prodigality in trustees dismissed to Class 3221

29. The sub-divisions of offences against trust are also determined by the divisions of the preceding classes221

30. Connexion between offences by falsehood and offences against trust221

§ ⅲ. Genera of class I222

31. Analysis into genera pursued no further than Class 1222

32. Offences against an individual may be simple in their effects or complex222

33. Offences against person-their genera222

34. Offences against reputation225

35. Offences against property226

Payment, what227

36. Offences against person and reputation232

37. Offences against person and property233

38. Offences against condition.-Conditions domestic or civil234

39. Domestic conditions grounded on natural relationships234

Relations-two result from every two objects235

40. Domestic relations which are purely of legal institution236

41. Offences touching the condition of a master239

42. Various modes of servitude241

43. Offences touching the condition of a servant241

44. Guardianship, what-Necessity of the institution244

45. Duration to be given to it246

46. Powers that may, and duties that ought to be, annexed to it246

47. Offences touching the condition of a guardian247

48. Offences touching the condition of a ward249

49. Offences touching the condition of a parent250

50. Offences touching the filial condition252

51. Condition of a husband.-Powers, duties, and rights, that may be annexed to it254

52. Offences touching the condition of a husband255

53. Offences touching the condition of a wife257

54. [Uncontiguous domestic relations]257

55. Civil conditions264

§ ⅳ. Advantages of the present method270

56. General idea of the method here pursued270

57. Its advantages-It is convenient for the apprehension and the memory272

58. -It gives room for general propositions273

59. -It points out the reason of the law273

60. -It is alike applicable to the laws of all nations274

§ ⅴ. Characters of the five classes274

61. Characters of the classes, how deducible from the above method274

62. Characters of class 1275

63. Characters of class 2276

64. Characters of class 3277

65. Characters of class 4278

66. Characters of class 5279

ⅩⅦ OF THE LIMITS OF THE PENAL BRANCH OF JURISPRUDENCE281

§ ⅰ. Limits between private ethics and the art of legislation281

1. Use of this chapter281

2. Ethics in general, what282

3. Private ethics282

4. The art of government: that is, of legislation and administration282

Interests of the inferior animals improperly neglected in legislation282

5. Art of education283

6. Ethics exhibit the rules of283

(1) Prudence (2) Probity (3) Beneficence283

7. Probity and beneficence how they connect with prudence284

8. Every act which is a proper object of ethics is not of legislation285

9. The limits between the provinces of private ethics and legislation, marked out by the cases unmeet for punishment285

10. Neither ought to apply where punishment is groundless286

11. How far private ethics can apply in the cases where punishment would be inefficacious286

12. How far, where it would be unprofitable287

13. Which is may be, (1) Although confined to the guilty287

14. (2) By enveloping the innocent288

15. Legislation how far necessary for the enforcement of the dictates of prudence289

16. -Apt to go too far in this respect290

17. -Particularly in matters of religion291

18. -How far necessary for the enforcement of the dictates of probity292

19. -of the dictates of beneficence292

20. Difference between private ethics and the art of legislation recapitulated293

§ ⅱ. Jurisprudence, its branches293

21. Jurisprudence, expository-censorial293

22. Expository jurisprudence, authoritative-unauthoritative294

23. Sources of the distinctions yet remaining294

24. Jurisprudence, local-universal294

25. -internal and international296

26. Internal jurisprudence, national and provincial, local or particular297

27. Jurisprudence, ancient-living297

28. Jurisprudence, statutory-customary298

29. Jurisprudence, civil-penal-criminal298

Question, concerning the distinction between the civil branch and the penal, stated299

CONCLUDING NOTE301

1. Occasion and purpose of this concluding note301

2. By a law here is not meant a statute301

3. Every law is either a command, or a revocation of one302

4. A declaratory law is not, properly speaking, a law302

5. Every coercive law creates an offence302

6. A law creating an offence, and one appointing punishment are distinct laws302

7. A discoercive law can have no punitory one appertaining to it but through the intervention of a coercive one302

8. But a punitory law involves the simply imperative one it belongs to303

9. The simply imperative one might therefore be spared, but for its expository matter303

10. Nature of such expository matter303

11. The vastness of its comparative bulk is not peculiar to legislative commands303

12. The same mass of expository matter may serve in common for many laws304

13. The imperative character essential to law, is apt to be concealed in and by expository matter304

14. The concealment is favoured by the multitude of indirect forms in which imperative matter is capable of being couched305

15. Number and nature of the laws in a code, how determined305

16. General idea of the limits between a civil and a penal code305

17. Contents of a civil code306

18. Contents of a penal code306

19. In the Code Frederic the imperative character is almost lost in the expository matter306

20. So in the Roman law307

21. In the barbarian codes it stands conspicuous307

22. Constitutional code, its connexion with the two others307

23. Thus the matter of one law may be divided among all three codes308

24. Expository matter a great quantity of it exists every-where, in no other form than that of common or judiciary law308

25. Hence the deplorable state of the science of legislation, considered in respect of its form308

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 legislatures308

27. Example: American declarations of rights309

INDEX OF SUBJECTS313

INDEX OF NAMES341