21 Aug 1804

Evidence

Introd. Jurisprudential

Ch. 2. Sources

''.5. dictates of Utility

'' Proportionable use made of the principle of utility in different branches of jurisprudential law.

The penal branch is that in the composition of which the principle of utility will /must/ have had the greatest share: especially that which concerns offences against individuals. Offences striking against the person, property, (known and acknowledged property in whatsoever shape and whence so ever derived) reputation and condition in life of individuals would in this way receive their punishment and virtual prohibition, as the several instances examples [...?] of the several species of delinquency happened to present themselves.

In the course of this process a multitude of pretences every one more idle than another for refusing to annex punishment to delinquency - for refusing /pro tanto/ in the several cases the protection of the law for person, property, reputation or condition in life against the injuries respectively in question, were brought forward and allowed. In the case of offences against property for example - adhesion of the subject matter to the freehold - wildness /original wildness of disposition/, or original want of value on the part of the subject matter (it being an animal) and the like.

If by all these exceptions of this cast - and there is no dearth /scarcity/ of them the use of the law was diminished, the bulk of it at any rate was encreased: and in this way, like many a worthless human creature, in default of other merits, it became respectable by its opulence.