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1827 May 13
Penal CodePlan of the Work
§. 1. Offences collectively considered
§. 2. Good and Evil – their progress from human agency – progress of
N.B. as to self-affecting offences
When it is not useful for government to
apply direct means of repression it may be
for Guardians so to be: and Government to give direction to by exercise of Guardianship
power for that purpose
2. Order the second. Stage the 2d At this stage the evil may
be said to be many seated. It is diffusive. Its diffusion
may be said In it are may be observed seen two distinguishable points
or parcels. 1. Actual pain produced by the apprehension
or say eventual expectation of the like from the same or the like cause: 2. probability of the
like, except in so from the same or the like causes, except in so far as
it may happen to the evil to be prevented by the application
of the appropriate remedies.
In this second order may be observed the following
stages: as distinguished from the extent to which the evil is capable
of spreading itself in the community
Stage the first: the extent that of the family and other
private connections of the individual who is the immediate sufferer
by the offence: the stage in which it is may be said to be domestically diffusive.
Stage the second: extent that of the class more extensive
than the domestic over which the alarm and danger are
capable of extending themselves: stage, that in which the
evil of the second order as above may be said to be semi publickly
diffusive.
Stage the third: extent that Principle of or efficient cause of aggregation by which the class may be
constituted, two: 1. the logical: 2. the topographical
Logical, constituted by some connection common bond tie of interest
self-regarding or sympathetic as for example community of occupation:
or special union by special association for the attainment of a
particular object
Topographical or to say local, by relation in the
way of birth, inhabitantcy or proprietorship to some
particular division of the territory of the State.
Stage the third and last: the stage in which the evil
may be said to be publickly diffusive.
☞ Go on to exhibit the corresponding divisions of offences into 1. Private.
2. Semipublic. 3. Publick
Then go on to exhibit the good bad effects of an offence in producing repression
or suppression of beneficial acts
Then of evil applied as punishment in producing the repression or suppression of maleficent acts.
Identifier: | JB/067/166/001 "JB/" can not be assigned to a declared number type with value 67.
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jeremy bentham |
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