11 Nov 1813

Jug Util or Articles

1

II

Ch. Punishm t misseated or Atonement

7

§.1. Mis-seated

Of whatsoever application is made of the matter of good, the use, the beneficent effect, and proper object and end in view is the good—i.e. either the pleasure or the example or the cause of either produced or likely to be produced in the breast of the person to whom it is applied. He it is who if application of it be made to him, is benefited and enjoys: he it is who, if application of it be not made to him, is prejudiced and suffers. To him therefore /accordingly/ it is due: he is the person to whom it is due. He, if the application of it not made to him, has just ground for complaint: wrong is done to him, injury is done to him: of the injury done to him the amount of the value of this good is the measure. Marginal note: ‘Justice, un-penal called civil justice requires that such application of it to him be made.’

The cause why application of it ought to be made to him—this cause is it but being party to a compact in and by which a promise was made that application of it should be made to him?—it is then due to him by compact: it is due to him on the score of debt: of debt created by such compact.

The compact in question is it of that particular sort in which in return for service rendered or to be rendered by him to Titius Titius engages to render to him endless service, say the sort of service which consists in putting him in possession of a certain sum of money? That service the performance of which was the object of the promise made by him being rendered, he has earned, he has deserved the money. The money he of course wishes to have: and according to the principle of utility, it is right and proper that he should have it: for he has deserved it: he has served for it: for it he has rendered such his service.