JB/058/073/001

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8 May 1805
Evidence

§. Vexation – shapes assumed, persons affected by it.

Familiar as is the expression, not to speak of the thing itself
the idea attached to it is yet so loose and vague in the fundamental , that a few
words may not be ill employed in it.

Vexation is not the same nor less than pain, present pain,
considered as produced by some particular cause.

Whether the word punishment, or the term jur word
vexation – juridical vexation – be the term applicable to the
case, depends upon the relation of the will – the relation actually
borne, or proper to be borne by the will – by the intention to the effect – the
evil effect – produced.

1. The legislator, seeing the evil, and intending to produce it,
intends to produce it for its own sake, and not as as a means
indispensable to the production of a preponderant good. In this case
the evil is may be said to be ultimately as well as directly intentional; and
call it vexation, or call it punishment, call it anything,
the production of it, by whomsoever produced, is in the principle
of utility, alike unjustifiable.

2. The legislator, seeing the evil, and intending to produce
it intends to produce it – not for its own sake, but as a
means not indispensable to the production of a preponderant good,
but contributing by its own efficacy to the production of that
good. In this case the evil may be said to be direc not
ultimately, but mediately, yet still directly intentional: and in
this case it is that it comes under the notion of punishment, where
applied according in conformity to the dictates of utility.

Identifier: | JB/058/073/001 "JB/" can not be assigned to a declared number type with value 58.
Date_1	1803-05-08	Marginal Summary Numbering	3a
Box	058	Main Headings	evidence
Folio number	073	Info in main headings field	evidence
Image	001	Titles	note ? (a)
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	jeremy bentham	Watermarks	1800
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year	1800
Notes public		ID Number	18742
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