date

[xxxiv. 102] 1822 Aug. 17.
[xxxiv. 102]

1822 Aug. 17.

Constitut. Code

So, malefactors

To this same denomination - viz. bringing the less principal individual interest into

accordance with the more principal universal interest is referable whatsoever in private

trusts is done in the view of securing probity on the part of trustees

So likewise whatsoever is done for the purpose of minimizing the evil produced by the

misdeeds of those against whom under the general denomination of malefactors or say

criminals the force of punishment under this name of punishment is applied by that

branch of the aggregate mass of law which is distinguished by the name of penal law.

Were it not for the punishment, the particular and sinister interest correspondent to

and created by the appetite whatsoever it be in which the misdeed had its source, would

stand unopposed, and produce action /conduct/ opposite in the way in question to the

universal interest. Comes the legislator with his punishment /penal law/ - punishment

being attached to the misdeed, the sinister interest - interest finds itself thereupon

encountered and opposed by another interest, operating in a direction favorable or at

least supposed to be favorable to the universal interest - to the universally right and

proper interest. If, at the moment of decision, in the eyes of the individual in

question, in all dimensions or elements of value taken together - namely intensity,

duration, propinquity, certainty, purity and fecundity the value of the mass of looked

for pleasure or what is equivalent security against pain which constitutes the

temptation, is greater than the value of the punishment opposed to it, by the penal

sanction added to the force of the other sanctions, the misdeed is committed

notwithstanding, if not so great the particular and sinister interest is overpowered and

rendered inefficient by the united force of the sanctions, and conduct is determined by

that interest which is in accordance with the universal interest, as above.
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