JB/087/127/001

Click Here To Edit

1

Indirect Legislation § 10

Mischief § 10

The mischief of
an offence may
be combated 1.
by preventing it:
2. by stopping it:
or 3. by making
amends for it
[viz: the primary
mischief]

We come now to the last of the courses plans that
can be taken pursued for combating the mischief resulting
from delinquency: viz, that of combatin which is directed levelled
against the mischief itself [without aiming
at the prevention of the act from whence
the mischief is apprehended] in the case where notwithstanding
every thing that could properly with propriety be done
for [the purpose of ] preventing the act, the act
is committed notwithstanding.

Now the mischief of any act when considerd
with reference to the means courses which the legislator
may have it in his power to take for combating
it is susceptible of three cases. Either the whole no part
of it [may be prevented], hath been already as yet taken place or a part of it but not
the whole, or no part of it at all. the whole of it. In the
first of these cases prevention, meaning total
t prevention, may be
an object.
This is only for prevention
with respect
to the whole
if to accomplish the business
of prevention is to accomplish do every thing that
can either be done or wished for. In the second
case, prevention as to a part is unattainable impracticable: and
in as far as it is practicable it takes the name
of cure: in the third case not only total prevention
but cure as well as total prevention are equally impracticable:
in this case the only expedient by which the
mischief

Identifier: | JB/087/127/001 "JB/" can not be assigned to a declared number type with value 87.
Date_1		Marginal Summary Numbering	[[marginal_summary_numbering::[1], 2]]
Box	087	Main Headings	indirect legislation
Folio number	127	Info in main headings field	indirect legislation
Image	001	Titles
Category	text sheet	Number of Pages	4
Recto/Verso	recto	Page Numbering	f1 / f2 / f3 / f4
Penner	jeremy bentham	Watermarks	[[watermarks::r williams [britannia with shield emblem]]]
Marginals	jeremy bentham	Paper Producer	c. hamilton
Corrections		Paper Produced in Year
Notes public		ID Number	27652
Box Contents