JB/037/046/001

Click Here To Edit 1821. May 2d
First Lines Penal Law
necessary — Mercy,
(1.)

To the vocabulary of tyranny, belongs the word
mercy. The idea expressed by this word is a sort of appendage
to, and antagonizes with, the idea designated by the
word Justice.

The word justice, as but too commonly employed,
matches with the word deserved as applied to punishment:
in this sense, penal justice is exercised by the application of
punishment on the occasion of which, and in the quantity
in which, it is deserved. In this case, if mercy be exercised, it is
in opposition to, and at the expense of, justice: in so far as
mercy is exercised, justice is not done. What in this as in every case the
greatest happiness of the greatest number requires, is — that if on the occasion in question,
the application of the punishment in question would be conducive
to that greatest happiness, the punishment should be
applied; if not, not: if, in either case, justice is administered, no
such thing as mercy is exercised in either case. Under a Government
which has, for its actual end, the greatest happiness of the
greatest number, thus it is that mercy is unknown. Mercy
unknown — and why? Only because tyranny is unknown.
Under a Representative Go Democracy — under the government
of the Anglo American United States for instance, mercy
is unknown or at least might be to great advantage and
therefore ought to be unknown. Under that Government,
for a functionary as such to stand up on any occasion
and say — I will, on this occasion, show mercy, would be
as much as to say — the power of a tyrant is in my hands,
but, on this occasion, I will not exercise it. The Surgeon,
when it appears to him that it would be for the greatest
happiness of the individuals under his care that one of
the patient's legs should be cut off, does not say — I will do
justice upon this leg? As little, if it appears to him that,
without cutting off the leg, a cure may be effected, does he
say, I will show mercy to this leg?

Identifier: | JB/037/046/001 "JB/" can not be assigned to a declared number type with value 37.
Date_1	1821-05-02	Marginal Summary Numbering
Box	037	Main Headings	constitutional code
Folio number	046	Info in main headings field	first lines
Image	001	Titles	[[titles::misdecision necessary[?] - mercy, distributive]]
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1
Penner	john flowerdew colls	Watermarks
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	11261
Box Contents