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The mischief of the second Order is again distinguishable
into 2 kinds The first belongs to all such crimes The
mischief of which by reason of it's being actual & not
contingent only is generally felt and understood: as such
is that of the 2 classes which have persons determinable
either individually or from place for their objects, i.e to
those of the two first classes; as well to such as are perpetrable
by the agent only in virtue of some connection
subsisting between him and the object; as to those
which being perpetrable by utter strangers against utter
strangers give cause of alarm to the neighbours on their
own account.
The second is brought into existence by such only as
come within the latter description The first we may
accordingly stile the mischief from Sympathy: the
other the mischief of Apprehension, or from Apprehension. Seff-concern.
The instance which I have chosen to exemplify this
distinction, is one wherein it is least conspicuous; I
chose it for the sake of marking out a point of diversity
between offences in other respects allied so nearly. But
applied to others as to Usury for example the reality of it
appears more plainly to be controvertible; For the case
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of a Man who has been impoverished by Usury may
excite Sympathy and those who are within view of his
distress, but cannot as is manifest inspire the smallest
degree of Apprehension — In short an injury which
for the opportunity of working it depends upon some
act of the person injured which he is conscious of
having a power to refrain from, & cannot reasonably
be supposed to excite such an alarm in those who
are in view of it, as if they were conscious, that
nothing in their power to do could at any time prevent
it's falling on them.
The reflex mischief of Apprehension The quantity in which this order of Mischief exists constitutes a remarkable article of difference between the several sorts of Crimes. It is found in all the offences of the two first classes. It is not found in any of the 3d. any further than they may involve in them some offence referable to one of the is seen plainly
to exist entirely & universally in Theft 2 Personation
3d Kidnapping 4th. Robbey 5th Burglary
6th Rape, 7 Defilement of Infants 8th, Forcible Marriage,
Of the 1st Class — 1st Fire raising 2d. Threatning
Letters, 3d Inundation 4th. Iregularity in Quarentine.
5th. Nusances, 6th. Riots 7th. Appearing arm'd
in Companies 8th. Negligent keeping of mischievous
Animals & 9th, In the Act (which is not yet constituted
an Offence) of Worrying animals obnoxious to
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other two. In different crimes however it is seen to different degrees of intensity: In time are seen to afford considerations tending to integrate it's force, which are not visible in the others. The following are those in which it subsists without instigation. Of the 1st Class. He looks upon his own prudence as a to Madness it must subsist wherever the consequences
of such wantonness come in contemplation.
In other crimes it exists universally still, but faintly more
plainly Of this Division are 1st. False Circulation 2d
Selling by False Weights & measures 3d. Obtaining by
False Pretences & Tokens.
It exists, because every man perceives it as likely to
light upon him as any other: but more faintly
because he at the same time has reason to hope that
his own caution or that of his Relations in giving
that account, the obtaining of which is of the essence
of those 3 Crimes, may perhaps be a sufficient safeguard.
He sees the danger, but he regards it little
looking on his own prudence as a preservative.
It exists, as strong as in any instance in many others
in which it does not exist universally i=e. it's existence
is not predicable of every instance of those offences,
but only such as
Thus Murder for a private grudge produces it not:
but Murder in prosecution of a rapacious intent does.
Malicious Mischief when committed from the first
motive does not: when from the last it does.
Apprehension From the perpetrator of the Crime past
From perpitrators of future similar instances
of the same Crime.
In this case, the same persons who are the subjects of the
direct mischief are also [reciprocally] of the reflex, & the
whole mischief + is distinguishable into 2 orders and no
more 2 orders only no more than but 2 orders.
N.B. This is not the case: because the objects of the crime
of Incendiarism for instance, tho' not determinable individually
are however certain & assignable which is not the case with
those who are the objects of the reflex mischief of such
a crime as Theft.
Determinable from place = local situation. locality This cannot be much regarded because in offences of rapacity, the sufferer is not known or regarded by the offender — In offences of Hatred there is no option of persons.
The sensibility of the persons being supposed equal
& the apparent magnitude of the [pain of the object
of the] direct mischief also equal — That of the pain
of Sympathy will be as the Number of persons that
feel it — Now that number is the number of the persons
connected in affection with the sufferer.
This number commonly rises somewhat in the ratio
of rank & fortune.
AESTIMATION. 1st Order. Sympathy X Self-concern
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