059-130.xml

Title: [10 Apr. 1803 Ch 3 Evidence]

Description: 10 Apr. 1803

Ch 3

Evidence

Omitt in Evidence?

Ends

That the results termed inconveniences of the first order are respectively of an ineligible, mischievous nature - belong to the account of evil - of pain actual or probable or (what corresponds to it) less actual or probable of pleasure, is already (it is presumed) or will soon be rendered sufficiently evident.

No 1. The non-application of Punishment, where due, will be an ineligible result, because in a comprehensive view a mischievous result /one/, on account /by reason/ of the danger it induces of the non-attainment of these more than equal ponderating goods /mass of goods/, the attainment of which is the object, to which the law appointing the punishment was or ought to have been, and is therefore to be presumed to have been, directed: viz: Example, reformation, incapacitation for fresh offences, and compensation for the mischief of the past offence: the cases always excepted, in which punishment viz: the lot of punishment in question, though not inefficacious with reference to the above respective ends, is improper on some other of the four accounts: viz: as being either needless, groundless or too unprofitably expensive.

N o 2. Punishment applied where not due, is, ex vi termini, an ineligible, a mischievous result.

N o 3. Non-application of satisfaction, where due, is also, ex vi termini, a mischievous result.

N o 4 Application of satisfaction where not due, is a mischievous result, by reason of the obligation necessarily concomitant, and the unballanced lot of pain with which the imposition of such obligation is of course attended /[...?]/.

Note

i.e. prevention of similar offences on the part of persons other than the offender to whom the punishment is applied - See Letters to Lord Pelham Lett. 1. p.

Reformation, i.e. prevention of similar offences on the part of the person to whom the punishment is applied: but by taking from him not the power, but the disposition with respect to the commission of them. ibid. p.

See Introd. p. Legisl. Vol.[...?]. p.

Note

A lot of punishment though groundless, because the offence on account of which it has been inflicted has in fact not been committed, may notwithstanding be efficacious with reference to the end of example: that as to reformation there is /may/ /will/ in that case no room for it, and as to incapacitation, no use. Even with a view to example - i:e: to prevention by determent, though it may not be inefficacious, yet being groundless it is on that account needless. And no sooner is it known to have been groundless than in addition to the mischief of the first order, of which whether it be ill or well grounded it is in an equal degree productive it becomes productive of a minschief of the 2 d order - alarm, which how much soever inferior in intensity is in an indefinite degree superior in extent.

059-391.xml

Title: [10 Apr. 1803 Ch.3. Evidence]

Description: 10 Apr. 1803

Ch.3. Evidence

6

Note continued?

Note

Ends

Ends in general

Opposite to the idea of an inconvenience, is the idea of an end: - of an object aimed at as a mark[?] or an end, in any course of practice. /+The object aimed at in each instance is the avoidance of the inconvenience./ Accordingly taking /if instead of inconvenience we take/ the word end to express the general head, under which a number of articles to the same effect whall be arranged, there must be the same mixture of negative garbs [...?] positive; but, if we may express ourselves, the objects must change cloaths. Those which in the catalogue of inconveniences wear a positive garb, must in the catalogue of ends wear a negative garb: those which in the catalogue of inconveniences wear a negative garb, must in the catalogue of ends wear a positive garb. The inconveniences, cloathed in a negative garb, were, N o 1 punishment, not applied where due; N o 3 satisfaction not applied where due: N o 5 rights, not conferred, where due. The ends must accordingly be - application of punishment where due: -application of satisfaction, where due: collation of rights, where due. + The inconveniences cloathed in a positive garb, were - N o 2 Punishment, applied where not due; N o 4. Satisfaction applied where not due; (a); N o 6. Rights conferred where not due. (b) N o 7. Expence, occasioned where unnecessary; N o 8. Vexation miscellaneous. (viz. in any other shape than that of expence) occasioned where unnecessary; N o 9. Delay where unnecessary; N o 19. Precipitation; N o 11 Intricacy.

/ The work once done, if well done for ever. These metamorphoses will be still in memory, who Ovids [...?] ranked under Harlequins./

(a) Note

The real inconvenience consists not in the satisfaction, an article which belongs to the account of pleasure and thence of good; but the obligation of affording the satisfaction, an obligation which as such, whatsoever be the particular nature of it, belongs to the account of evil. This evil is inseparable from the good since it is only by means of the evil that the good is produced: and it is the nature of the evil in this case to outweigh the good.

(b) Notes

the main observation which has been just applied to the case of satisfaction, viz: on the score of an offence administered where not due applies, and with equal force, to the case of Rights, conferred where not due. The conferring on the party injured by an offence this or that right is moreover among the [...?], by which satisfaction may be and is administered to him on that score.

+ See [...?]. [...?].9 Pen. Vol │ │ Ch. │ │ Anxious pathologicus

059-392a.xml

Title: [[unnumbered sheet, between 059-391 and 392]

Description: [unnumbered sheet, between 059-391 and 392]

10 Apr. 1803

Ch.3 Evidence

7

Note

Ends

Ends in general

Note continued

The inconveniences themselves being in these eight last instances cloathed materially in a positive garb, the corresponding ends - the ends consisting in the avoidance of these respective inconveniences would if the same plan of nomenclatures were pursued without variation be required to be cloathed in a negative garb; as thus. N o 2. Non-application of punishment where not due: N o 4. Non-application of satisfaction where not due; N o 6. Non-collation of rights where not due. N o 7. Non-occasionment of expence where not necessarily /unnecessary/; N o 8. Non-occasionment of vexation (miscellaneous) where not necessary. N o 9. Non-delay - or non-occasionment of delay, where unnecessary: N o 10. Non-precipitation, or avoidance of precipitation. N o 11. Non-intricacy, or avoidance of intricacy /to produce intricacy/.

Note

These observations /speculations/ relative to the conversion of terms and [...?] of the propositions into the composition of which they enter from the negative form into the positive and vice versâ, are analogous to some of the speculations exhibited in the books called /which under the name of/ Logical compounds are studied in the English Universities books which thought they bear on the title page the art or science of logic taken without distinction, and consequently in its whole extent, are confirmed in their views to that branch which is properly termed Dualities[?], and to which whatever instruction is given referable to any other branch is made subservient. All laws, as such being so many manifestations of will, so much of logic as applies itself, to the matter of the laws - to the field of legislation, and to the exertions /labours/ in that field, has been proposed already to be stated the logic of the will. See Logist. liv.4[?] Pen. Vol. │ │ Ch. │ │