date

1818 Jan y 6 Not Paul 74
1818 Jan y 6

Not Paul

74

Ch

8

§ 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.
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  • Title: [1818 Jan y 6 Not Paul 72]
    Description: 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.
  • Title: [1818 Jan. 5 Not Paul 69]
    Description: 1818 Jan. 5

    Not Paul

    69

    III Doctrine

    Ch 4 Remedies interdicted

    1 § 1 Remedies to evill of prolific mode interdicted

    ‘Error if supposed that for having destroyed an infant at birth a mother would be

    less tender to another that she had.

    ‘Jesus is never good enough for them, these holy men: nothing will serve him the

    very least of them―but he must be better than Jesus.’

    Ch. 4. Asceticism continued.―Remedies interdicted

    Among the consequences of the gratification when obtained in the ordinary mode may be

    / have been / seen a severer[?] tribe of evils, against which the nature of the case

    suggests a set of remedies, the use of which without inconsistency[?] the principle

    of utility would not without inconsistency condemn applicable the one or the other

    according to the circumstances of the occasion but / and / which under the influence

    of the principle / evil principle / of asceticism are condemned without reflection,

    and punished without mercy. To this head may be referred

    1. Sexual intercourse without cohabitation

    2. Cohabitation without marriage in the terms of a contract for a momentary or other

    short term / the present occasion / not extending beyond the present occasion: termed

    prostitution in so far as in any other shape than that of the mutual gratification a

    recompense is received, prostitution.

    3. Marriage polygamous on both sides

    5. Voluntary Abortion self procured abortion on the part [of] the female.

    6. Power of breeding up or not during early infancy

    4. Cohabitation with precautions employed in prevention of pregnancy / to prevent

    conception /

    7. Divorce by mutual consent.

    On the circumstance of time depends the applicability /

    appositeness / of these several remedies

    By the overcharge and sterility the overcharge commonly produced by which is the

    common / are the usual / attendant on occasional / impermanent / ephemeral //

    cohabitation sterility on the part of the female at least so long as the promiscuous

    habit of promiscuous intercourse lasts: the evil of overpopulation is thus in so far

    excluded at the earliest possible stage.

    2. By doubly polygamous marriage all that is gained unless the fourth of the above

    remedies be added is the setting correspondent limits to the field of intercourse;

    and thus confining the encrease within limits. Moreover to / in / a degree more or

    less considerable than those within which it is confined by marriage in the ordinary

    mode.
  • Title: [1818 Sept. 10. 4 14]
    Description: 1818 Sept. 10.

    4

    14

    Instructive and impressive as it was – the Reformists /cause of reform/ by this expense what did they /it/ gain? perhaps nothing. In the sale of seats said the anti reformists of all parties /classes/ of both parties – in the sale of seats, according to your own averments /so yourselves maintain/ consists the mischief: well this sale, and with it the mischief, we will prevent. The offence that has been committed we will not punish: for it would be /were/ too much to expect that where all are guilty all should join in the punishment of one who has been no more guilty than they, and in whose case to distinguish it from theirs there is nothing but the misfortune of having by a rare accid /and untoward/ accident been brought to light. But though we will not concurr in producing the evil of punishment what we will concurr in is the producing of all the good that can ever be produced by punishment. This good is the prevention of the offence. In the production of this good (when the time came continued they when the time came) we have actually concurred. The offence is prevented: and this is the Act /law/ by which it has been prevented.

    Not only by the real Reformists at large, but by the sham /pretended/ Reformist by whom in its original state the Bill was brought in protestation was made, that by the Bill in the state in which it had been converted into a law nothing effectual was done. But though nothing useful or effectual was done still however there was a something done: the dispute turned upon the quantum: and the least that /which by any body/ could be allowed to the Tory Ministry was that in the declaration that a traffic of this sort ought not to be carried on or permitted, they themselves had joined.