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.