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II. Contents of the Work, intituled Not Paul, but Jesus.
Part I. Paul’s claim to a commission from Jesus examined. Contents not here
inserted.
Part II. Asceticism inculcated by Paul―in repugnancy to good morals.
Ch. 1. Cause―Occasion―Apologetica.
Ch. 2. Principle of Asceticism, what: asceticism by active
inflection, asceticism by forbearance:―asceticism by forbearance, the principle by
which condemnation is passed on pleasure, in whatever shape, on any ground other than
that of its being followed by pain more than equivalent.―Repugnancy of this principle
to the only genuine, consistent, and defensible foundation of good morals―the
principle of general utility, termed for shortness the principle of
utility: by which in the instance of every species of act, the approbation or
disapprobation proper to be bestowed upon it is considered as depending upon, and
measured by, its effects on the universal interest; i.e. on human happiness
considered in the aggregate and as composed of individual pleasures, and exemptions
from individual pains.
For this, reference to two works of Bentham: viz. 1. Introduction to the principles
of Morals and Legislation, 4 vo London 1789; 2. Traités de
Legislation Civile et Penale, 8 vo 3 Tomes, Paris 1802; edited by
Dumont. See also his Table of the Springs of Action
&c. 8 vo London 1817: including Pleasures and Pains.
Ch. 3. Subject of the present enquiry, the pleasures of sense. Pains and Pleasures,
Elements of their value:―These elements are the same for all: viz. I. in the case of
each pleasure or pain taken by itself, 1. intensity; 2. duration. (these two compose
magnitude:) 3. certainty. 4. propinquity: II.―in relation
to other pleasures and pains, considered as capable of resulting from it to the same
person; 5. purity, as to sensations of the opposite cast; 6. fecundity, as to d o of the same d o: III.―in relation to the number of the persons considered as participating in it; 7.
Extent, as measured by the number of such persons.―For all this, reference to
Bentham, as above.
Ch. 4. Physical division of the subject { Object and use of this division, shewing
the absence of distinction in respect of noxiousness, between those modes of sensual
gratification, on which condemnation is generally passed by law and public opinion,
and those on which no such condemnation at all is passed, or none but what is much
less severe. The one is accordingly―to pave the way for the Moral division of the
subject: as to which, see Contents of the next Chapter.}
I. Division of the sorts of acts, whereby the senses are put to use or affected,
into such, in the instance of which the sense is but the inlet
to the pleasure, or the pain, or the chief part of it, and such, where the sense is
the seat as well as the inlet. To the
former class belong 1. the act of seeing; sense, the sight; 2. the act of hearing;
sense, the hearing. To the other class belong 3. the act of eating; sense, the taste;
4. the act of drinking; sense again the taste: 5. the act of smelling; sense, the
smell: 6. the sexual act, or act of sexuality; sense, the sexual, sometimes called
the sixth sense. To the class in which the sense is the seat of the pleasure will the appellation of sensual acts, or acts of sensuality be generally
understood to be confined.
II. Division of acts of sensuality, into acts, of which the most prominent effect is
the production of positive pleasure, and those of which the most prominent effect is
production of mere exemption from positive pain.―Necessary indistinctness of these
divisions. The latter class shares not in equal degree, if at all, in any
condemnation commonly applied to any of the acts belonging to the former class.―To
the former class may be referred―1. the act of eating after
the pain of hunger is removed, or considered as applied to articles of food, preferred in respect of their savour: 2.
the act of drinking, in like circumstances: 3. the act of smelling to substances agreably odorous: 4. the act of self-intoxication, considered in its various modes; whether, of
the intoxicating matter the form be
solid, liquid, or gaseous; vinous or non-vinous: 5. the act of sexuality.
To the other class may be referred, for example 1. Acts, whereby exclusion is put
upon such extremes of temperature, as are productive of pain
or uneasiness;―acts, whereby disagreable coolness or disagreable warmth are removed:
2. Acts, whereby substances, whether solid or liquid, productive of sensations
unpleasant to the surface of the body, are removed: viz. washing clean or wiping dry:
3. Acts, whereby relief is obtained under the species of inflammation commonly called
itching. Per James 1 st, pleasure of
scratching where it itches, too great for a subject: per
eundem, as inferred from practice, pleasure of sexuality in the Attic mode not
too great for a King.
III. Division of acts of sensuality, into those where the pleasure reaped at the time is the effect principally or
exclusively important, and those where by the value of a comparatively remote result in which it terminates, the value of the pleasure
is exceeded. To the latter class belong―1. the acts, whereby nourishment is taken in: comparatively remote and more important, result,
preservation of the existence of the individual: 2. the act of
sexuality: comparatively remote and more important, though not in more cases than one
out of a number, consequent,―and not in any, more than
contingent,―result―contributing to the preservation of the existence of the species.
When the act of taking in the matter of nourishment, in circumstances, in which it
is not capable of affording additional security for the accomplishment of the
ulterior and more important result, is not condemned, why should the act of
sexuality?
In the instance of the act of sexuality, of the only case in which the comparatively
remote and more important effect is capable of being produced, the extent, compared with that of the remaining cases put together, is extremely
narrow. The description of it, as contradistinguished from those others, is―where,
the gratification being social in contradistinction to solitary, the parties are two and no more than two, both
belonging to the same species,―the two belonging to the correspondent and opposite
sexes,―the female neither short of, nor beyond the child-bearing age, nor in other
respects unsusceptible of impregnation, nor yet already impregnated: the parts of the
body, respectively employed, on both sides, those alone, which are capable of being
conducive to the production of the contingent, remote, but most important effect.
Ch. 5. Moral division of the subject, according to the principle of utility.
Division of the acts in question into innoxious and noxious: predominant noxiousness the sole proper ground for
punishment or disrepute. In this as in all other instances,―on him, by whom such
predominant noxiousness is imputed to a pleasure, rests the onus
probandi:―the obligation of proving the truth of the imputation.
Ch. 6. Aspect of the law of public opinion, as towards the pleasures of sense―its
errors and inconsistencies: Condemnation and allowance little governed by utility:
condemnation, in many instances most severe, upon those which
are least noxious, or altogether innoxious:―allowance, or comparative indulgence, shewn to those which are most
noxious. N.B. These errors and inconsistencies are separately brought to view and
exposed.
Follow, in the instance of the pleasures of the sexual sense,
I. Cases in which, though the production of the most important effect is impossible,
yet, so the sanction of wedlock be not wanting, no condemnation is, by the law of
opinion, passed upon the act.
1. Impregnation already performed.
2. Impregnation rendered impossible by advanced age or infirmity.
3. Impregnation impossible; the time being that of menstruation.
N.B. By the Law of Moses, (Leviticus, xx. 18.) in case of conjunction under that
circumstance, death was the punishment of the male: the same as for conjunction with
the same sex or a different species.
4. Impregnation rendered as yet impossible by immaturity of age.
II. Cases, in which condemnation appears to be passed on the act, by the law of
public opinion: the order, in which they are here ranged, having in view the strength
of the condemnation; and commencing with the cases in which the strength is
least:―but,―by reason of the difference, which, in respect of real noxiousness, has
place in some instances under the same denomination, and the indeterminateness of the
ground in all, and thence the want of agreement among the individuals, of whom, under
this law, in the character of Judges, the tribunal is composed,―the correctness of
the graduation is unavoidably far short of perfection. Among these distinguish
I. Cases, in which the more important result, viz. encrease given to the species,
stands on the same footing, in respect of probability, with the case in which the
sanction of wedlock is not wanting, nor, in regard to impregnation, is any cause of
impossibility present.
1. Parties, not united to one another in wedlock: neither of them so united with any
other person:―The case commonly called fornication. In the
male, in some opinions, not disreputable; in others, more or less so; in the female,
generally and highly so: chiefly by reason of, and in proportion to, the real evils:
for which See Ch. 13.
2. Parties not united to one another in wedlock: one of them so united to another
person.―Adultery―single Adultery.
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