JB/549/231/001

Click Here To Edit

1827. Augt
1
Law Amendment? Penal Code.
Ch. II Codification.
§. Offences collectively
B. 1 Offences collectively

Ch. II. Good and Evil agency.
§. 1. Uses of this delineation
Ch. II Good & Evil Agency
§. 1. Use of this delineation

1.
Of human agency in
every case good is the
object.

2.
But this good often
accompanied with a
large proportion of
evil.

3.
Man always accompanied
by allies, exciting
his sympathy, and adversaries
exciting his
antipathy.

4.
Thence, self regard, social
regard and antisocial
regard, the affections
which, on every
occasion determine
a man's conduct.

5.
In the origin of society,
each man labouring
for himself, no collaborators,
and no
room for sympathy
or antipathy.

6.
First instrument
of social sympathy —
sexual attraction —
so far sympathy only,
with little or no discord.

7.
But when persons
of the same sex form
into society, and their
sexual desires are
contrary, then comes
good and evil in succession
as hereafter brought to view.

Ch. II. Good & Evil agency.
§.2. Use of the foregoing
sketch.

1.
Object and use of the
Penal Code.
1. Minimization of evil
of misdeeds.
2. Maximization of efficiency
of remedies.

2.
For this purpose, an
estimate must be formed
of the efficiency of
the remedies provided
for each species of offence.

3.
To all these purposes,
the above delineation
subservient.

4.
Demand for remedy
depends on effects of
the 2d order.

5.
So much for general.
For particulars, the matter
of all the other chapters
of this Book must
here be brought to view.

Ch. II. Good & Evil Agency

1.
No misdeed, no crime
unattended with some
portion of good.

2.
Property offending a
constant temptation
to the commission of
acts detrimental will
here be taken as the
subject-matter of exemplification.

3.
1. Rapax steals a
lamb from Agricola —
By the act, good is
produced: viz. to him.

4.
2. So long as agricola
is ignorant of the loss,
the good is pure

5.
3. Give Rapax a wife
and children who eat
of the lamb. This good
is domestically diffusive.

6.
4. But Agricola counts
his sheep, and perceives
his loss, and discovers
that Rapax stole the
lamb. Then begins the
evil of the act: but
it is still confined
to the first order.

7.
5. The news is spread
of Agricola's loss and
Rapax's being the thief
Now comes the evil
of the second order,
alarm and danger.

8.
Alarm and danger,
though generally existing
together, do not
so necessarily. The one
may have place without
the other. Offense, unsuspected
danger alone alarms
none — Offense
falsely credited alarm
alone, danger none.

Identifier: | JB/549/231/001 "JB/" can not be assigned to a declared number type with value 549.
Date_1	1827-08-??	Marginal Summary Numbering
Box	549	Main Headings
Folio number	231	Info in main headings field	Penal Code
Image	001	Titles
Category	Rudiments sheet (brouillon)	Number of Pages
Recto/Verso		Page Numbering
Penner	John Flowerdew Colls	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number
Box Contents