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The distinctions that have been above established are not to be esteemed visionary and uninstructive because the limits between the members of them are not always
accurately definable: nor because sometimes the existence of some member tho' perceived is perceived
but faintly — The limits been tween Light and Darkness are not definable: and yet the distinction
between Light and darkness is perfectly real and important.
Nor do I think it will be denied, especially when the use that is made of them in
the detail comes to be perceived, but that they are true in Theory they are true, & in practise may be useful:
provided that a man does not get to fancy that by spreading the outskirts of Mathematical
language on his subject, he has clothed invested that subject itself with Mathematical precision: nor to
call Demonstration, the precarious inductions of an experience often imperfect and equivocal:
and it must be acknowledged that our best reasonings on Jurisprudence are sometimes
nothing more
To say that these this Analytic Analytical process is too refined, that it is fallacious & had better
be neglected: that it is but to trust to natural good sense for our aestimate of the malignity of Crimes) without these or any other rules) any rule is
to say that the best way to hit a mark is not to look at it because your aim may
deceive you; but to shut your eyes and let fly into the Air.
What again is Good Sense? not certainly the same as instinct — It is that
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mode of Sentiment then which is governed by some Rule: and this Good Sense is good
in proportion as the reason of those Rules by which it governs itself are well developped:
To point out the method of developping them orderly and consistently is what has been here
attempted. If there be any thing peculiar in the Scheme of Astimation here delineated, it consits not in the setting up of a new & unheard of measure, but in the applying with some degree of & adhering exclusively to steadiness and uniformity or natural & antient measure universally recognized a measure. the Helvetians whose discovered its all sufficiently, and universal right of domination was proclaimed it. Because by the illustrious Beccaria [v. Ch: ] adopted others since him without number & without name. the colours of good little more according to they have been his in keeping clear of the confered & Technical which have hitherto impeded & crossed it in it's application in distinguishing the colours of good and evil, a little more according to method than they have hitherto; & in detecting their presence or absence as we shall do hereafter in the instances of the several offences when separately considered by the application of that method now explained.
The Bishop of Gloucester is pleased to speak of Yet a writer there is, who hesitates not to speak of "the influence of Actions on Society"
"as a vague and confined measure to which Crimes refer." That writer is Bishop Warburton Ah! illustrious discerning enlighten'd Prelate! is it How far it is or will be seen
I am to presume then vague? and is it then confused ? what other then that is less so. Is there then any other source from whence with some degree of evidence, when the several applications that
can be devised of rules equally a set of rules thus orderly equally consistent, & equally intelligible? Shew us (for if any one case will be made of it according to the above method come to be examined: in the mean
it is thou) shew us that source; produce to us those rules. time, I find no difficulty in asserting, that if it be, any other that can be assigned,
if not reducible ultimately to this, will be found much more so. To me no idea that I have is clearer; appears to me as clear an idea as any one I have: Is it so, or is it only an illusion? It is for belongs to the reader to determine:
In this , it may be useful to cast an eye over some instances of those scatter'd
measures of aestimation which we see hitherto adopted by the writers on this Science
In saying thus he has given This is in fact giving a testimony of himself which another man is not at liberty at dispute —
It must be acknowledged since he is placed to declare as much, that the idea
which the Bishop of Gloucester of the influence of
Actions in Society as a measure of the rectitude [or pravity of these actions, is a confused idea:
But that it is should [therefore] confused in itself; that is such an one as in the nature of it is deemed to be confused in the
mind of all other men] every man that entertains it] is what by no means follows. May another man [be allowed. to
give his testimony of his own internal feelings. My own idea of this influence as of the measure of the rectitude of actions
AESTIMATION. Perorat. [BR][2] Not a vague measure Warburton.
]
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