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1826. May June 4
Penal Code
Preponderant evil only – not pure and absolute evil. is the
product of the most mischievous and of the most mischievous
malefactor, not pure and absolute evil, because
the pleasure of whatsoever it be which he promises
himself from it, is actu if reaped accordingly a good
as far as it goes: so likewise the pleasure of expectation
reaped by him beforehand at the gain of action, from the contemplation of it.
On every such occasion therefore an account of good and evil requires to be
taken: on the one side the good, pleasure or exemption from pain, likely to be reaped by the
supposed evildoer if tolerated in the preference exercise of the imposed
preponderantly evil act; on the other side the pain
or loss of pleasure likely to be sustained by the person or
persons disadvantageously affected by that same act, and
thence the correspondent good likely to be produced by the
legislative provision in question by the prosecution of that same
preponderantly evil act.
Identifier: | JB/068/135/001 "JB/" can not be assigned to a declared number type with value 68.
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