date

1818 Jan y 6 Not Paul 72
1818 Jan y 6

Not Paul

72

III Doctrine

Ch Asceticism

6

Other remedies

§. 2. 6 Infanticide

§. 2. vi Power of breeding-up or not, during early

infancy.

§. 2. vi. On the part of the mother Possession and

exercise of the power of life and death over early infancy

It is in this case in comparison of all the others that the confederated dæmons have

pursued their joint purpose with most savage barbarity and most extensive effect.

Deceived or pretending to be deceived by the external colour of the case, the man of

law has in the scale of punishment raised to the level / pitch / of the most

murderous crimes this innoxious remedy. Child murder is the name / appellative /

which has been fastened upon it: and by this misnomer all the mischiefs / evils /

which attach / are attendant / upon homicide in the / its / most atrocious /

flagitious / of its forms have been and continue to be but too successfully imputed

to an operation purely remedial which is not followed by any one of them.

It is to the mass of evil / evils /, distinguished by Bentham under the name of

evils of the second order that in the case where it is treated as an offence

homicide, like / similar in this to / every other offence against individuals as he

has shewn is indebted for by far the greatest part of its mischievousness /

mischievous effects. JB footnote at this

point: ‘Introd. Dum’. See Introduction to the Principles of

Morals and Legislation, 1996 ( CW), pp. 143-52; Traités de Législation, i. 81-8. ???

Mischief of the second order, composed of / consisting in / danger and alarm: danger, the

probability of the repetition / indefinitely reiterated production / of the like

mischief; alarm, pain of apprehension produced by the prospect

of that danger.
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    Description: 1818 Jan y 6

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    § Other checks

    6. Infanticide

    The mischief of the second order is / being thus / exactly equal to 0: the mischief

    of the first order is exactly next in value.

    Inferior in every respect to that of a dog or even a horse at the same age were the

    minds of Locke and Newton on their

    first birthday. No prospect of the future: scarce any memory / recollection /

    remembrance // of the past: scarce any perception scarce any suspicion of the

    relation between / of / cause and / to / effect and cause: scarce any tie by which

    the sensations of one day are connected with those of another: scarce any thing of

    that cement of which identity is composed by which identity is put together. In

    regard to him for the purpose of the argument rigid accuracy is not necessary: deny

    all this or any part of it of the first birthday, you will not deny it of the first

    day: no nor of the first month.

    Thus in the pretended offence there is not or[?] there would be if suffered much

    good: much good if the prevention of evil be a good: yes in the pretended offence

    much good: while in the punishment there is nothing but evil: evil altogether

    uncompensated and pure: evil of the first order the suffering of the legally murdered

    female: evil of the second order by the prevention / interception / of that relief

    which the two in similar situation / the like situation / from the remedy thus

    interdicted the misery attendant on it might / would / otherwise experience.
  • Title: [2 July 1804 Procedure or evidence]
    Description: 2 July 1804

    Procedure or evidence

    Ends or Evils causes

    Ch.1 2d Order

    '.i. ------

     Evils opposite to main ends are themselves but of the 2d order in comparison of really felt evils ----- the really-felt evils in this case are produced by /are to be looked for in/ substantive law

    Felix, qui potuit rerum cognoscere causas -

    -----, mihi causas memora -

    By evils of the first order I understand such as are so of themselves: such as would be so, if they had no other /are so, whether they have or no, any other/ evils for their progeny.

    By evils of the second order, I understand such evils as would not possess this quality were it not for the inconveniences /this or that inconvenience/ of the first order were it not that this or that evil /effect/ of the first order is intitled to the denomination of an evil. whether it be that they are the same evils or modifications of the same evils under another name; or were it not for the tendency which these evils of the first order to give birth to evils of the first order.

    # Introd. circumst: influence ----bility. Dum.
  • Title: [27 May 1804 Evidence Forthcomingness]
    Description: 27 May 1804

    Evidence

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    Ch. Extraction

    §.6. Extraordinary

    What then is to be done? without some means /species of compulsive force/, and that the most promptly as well as certainly efficient that human nature admitts of, there is /one sees/ no bounds to the mischief that may be done: fire and water will not await the slow formalities of justice. For want of /them/ it, the mischief may be perpetrated, and a country laid in ruins: by the help of it, the mischief may be staid or prevented, and the country saved. Exemplified or not within a known and limited period, in this or that particular country, mischief of this kind can not in any country be deemed visionary: not to speak of foreign hostility, they are in every country among the natural fruits not only of established civil war, but of the insurrections and disturbances that lead to it.

    Such it may be said, they are but contingent: and in a country fortunate enough to be unaccustomed to such outrages, they inspire no alarm + they are never looked to as probable: no habitual, no general alarm is seen issuing from any such

    + danger and alarm; together the

    + mischief of the 2 d order [...?]

    source. On the other hand, establish torture, visiting it as in order to meet the possible mischief in its full extent, you must do, in the hands of every local magistrate in the country /kingdom/ /whole territory of the state/, a constant and universal alarm is produced - an actual and incipient alarm, merely to keep out a very rarely exemplified and contingent alarm, sinister in kind and not decidedly superior in degree.