JB/031/268/001

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1829. April 6th

Every human act is in intention
beneficent or it could not have place: the performance
of it would be an effect without a cause.
The most maleficent form no exception; because
at the same time with or in consequence of the
beneficial effect produced, other effects to any
amount maleficent may be produced.

One man inflicts on another death
at the end of a more of less protracted course of
torture: where in this case is the benefit produced?
Of what does it consist?
Answer: in the pleasure such as it is which the
murderer experiences at the thoughts of
the agony produced in the sensitive frame
of the individual murdered.

If in this case the pleasure were
more than equal or ever barely equal
to the pain there would be no reason no
sufficient reason for treating the action
the footing of an offence: for applying
punishment to it; for prohibiting it.
But this never is the case: and in this
preponderance of pain over pleasure consists
the only reason, but this commonly a
quite sufficient one, for treating acts or
the footing if offences termed when the mischief evil
produced by them is considered as rising
to a considerable amount, crimes.

Maleficent acts and offences are
not synonymous terms: an act may
be in any degree maleficent, without
being an offence: an act may be an offence
without being in any degree maleficent.

The

Identifier: | JB/031/268/001 "JB/" can not be assigned to a declared number type with value 31.
Date_1	1829-04-06	Marginal Summary Numbering
Box	031	Main Headings	civil code
Folio number	268	Info in main headings field
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c7
Penner		Watermarks	1828
Marginals		Paper Producer
Corrections		Paper Produced in Year	1828
Notes public		ID Number	9954
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