★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
Theory of Punishment Tab III Part I Containing Notes to Tab.
Tab: 1 Introd. Ch. 3.
The magnitude of a pleasure or a
pain is as it's intensity multipled
by it's duration.
2. The magnitude of the value of a
pleasure or a pain is as its intensity
duration, certainty, and proximity
multiplied together.
3. Absolute certainty being represented
by unity, and other degree of certainty
must be represented by a fraction.
4. Actual presence being represented
by unity, any degree of proximity or
remoteness must also be represented
by a fraction.
[2] From TAB 1: Introd. Ch. 4
In money: by representing it as
equal to so much money; that is so
such a quantity of pleasure as is to
be had for so much money: or of pain,
as a man would give so much money
to be freed from. Money is divisible
into parts capable of being number'd:
pleasure or pain of itself is not.
[3] From Tab: 1 Introd. Ch. 6.
The rest of the Law determines
what it is men are to be made to
do: so much of it as concerns
Punishment & Reward, by what
means. Punishment is pain.
Reward is Pleasure. The Law has
to do with Pain as a means: with
Pleasure as a means and as an end.
[4] From Tab 1. B.II. Ch. 5.
1. The quantity ought not to be less
than what is enough to outweigh the
profit of the offence. See Views of the
Hard-Labour Bill p.22.
2. It ought not to be more than
what is enough to outweigh the
profit of the offence, with the addition
of what is necessary to make it
greater than that punishment of
any greater offence, between which
and that in question a man may
have to choose. See note [5] no 3.
3. By "less" and "more" understand in
point
---page break---
point of apparent value: taking
on both sides into the account of
value the circumstances of certainty
and proximity as well as magnitude.
See Tab: 2 Col. 1. Div. 2. & Note 1
supre.
4. By apparent understand with
reference to a person under
temptation to offend.
5. The real and thence the apparent
value of a punishment is liable to
be diminished in point of certainty
by the causes mentioned in Tab: 2
Col. VII Div 2: also by those alluded
to in Tab: 1 B II Ch. 13, 19 & 20:
also by Pardon when granted on
any other grounds than Nos. 1, 3,
3 & 4 in Tab II Col VII. Div 1. The
more it is so, the more the punishment
must be encreased in
point of magnitude.
[5] From TAB. I B.II Ch.14
At length, "How to order punishment
so as to make &
1. In point of quantity, the greater
punishment should be for the more
mischievous offences. See view of
the Hard-Labour Bill, p.104.
2. In point of quality, the two
punishments should be commensurable.
See A View of the Hard-Labour
Bill p.100.
3. A man has to choose out of
two offences when at the same
time he has the motive and the
power to committ either.
---page break---
[6] From TAB.I Book II Ch.15.
A Punishment cannot take place
unless the subject exposed to it be
forthcoming. This may be either
1. a mans person itself: or 2. any
of his possessions.
A Law to be effectual should,
on failure of the first intended
punishment, appoint a subsidiary
one which may be said to back
the other.
A Subsidiary punishment when
made to take place along with
the first intended one is synchronous
to it: when instead of it, succedaneous.
Although the person be forthcoming,
punishments that depend
on the Will, need one that does
not, to back them: active,
a punishment of the passive class.
So do restrictive, when enforced by
any other means than physical.
Active punishments if the
severity is to rise beyond a certain
pitch, have need also of restrictive
of restrictive, to make a man stay
of passive, to make him work.
Acute punishments made synchronous
to active are not in
strictness simultaneous. They
subsist in alternation: when a
man fails in working, he is
whipped; while he is whipped he
does not work.
Every thing rests ultimately upon
passive punishment.
In regard to privative punishment
the subsidiary may be applied,
1. to the delinquent himself
to prevent his meddling: 2. to
to prevent their suffering him to
meddle.
Associated punishments stand at
a climax when the subsidiary is
greater than the first-intended
punishment: in an anti-climax
when less. The anti-climax can
be adopted only from itself . This
confiscation backed by different punishment
where the offender is set free.
|
Identifier: | JB/143/039/001 "JB/" can not be assigned to a declared number type with value 143.
|
|||
|---|---|---|---|
|
143 |
punishment |
||
|
039 |
<theo>ry of punishment tab. iii part i containing notes to tab.<…> |
||
|
001 |
|||
|
copy/fair copy sheet |
1 |
||
|
recto |
|||
|
[[watermarks::gr [crown motif]]] |
|||
|
48672 |
|||