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1828 Jan. 26
Penal Code or Law Amendment Propositions
Ch. II Codification – Good and Evil as Axioms Pathological.
Reasons for
Axioms indicative of
the Reason which
form the grounds of the
Enactments prohibitive
of maleficent acts
productive of evil
affecting person: that
is to say either body: add
or mind in any mode
not composed in one
or other of the modes
of maleficence from which
the Acts constituted. Offences
in and by the
Penal Code thus
determinative.
2. Offences produced
by the irascible appetites
Axiom I
1. Taken by one person
both in
without gratification
sought by him other
than that of witnessing
derived from the contemplation
of suffering
in this or that shape
as about to be produced
on the part of another
evil is accordingly
produced on the part
of that other. Gratification
in a certain
shape is accordingly
produced in the breast
of such evil-doer.
Call this gratification the
of antipathy
satisfied or of ill-will
satisfied.
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Pathological Axioms
relating to 1. Security
Axiom II
For the
If this antipathy
has hold its rise in
the conception that
by the party in question
(say the widow)
evil in any shape
has been done to the
evil doer, the pleasure
of antipathy gratified
takes the name of the
pleasure of vengeance
or say revenge.
Axiom III
In no case is
there any reason for
believing that the pleasure
of revenge antipathy
gratified is equal so
great as the pain suffered
by him at whose
expence as above the
pleasure is reaped.
Axiom IV
Offences to which the
axiom applies are
1. Offences affecting
body
2. Offences affecting the
mind other than those
belonging to the other classes
as per Table.
3. Offences affecting
reputation the reputation
of the sufferer, other than
those by which the reputation
of the evil doer is
encreased
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Axiom III continued
4. Offences affecting the
condition in life of its
sufferer, other than
those by which the reputation
of the evil doer
is encreased or expected
to be encreased
Axioms
Definition
1. When from any
cause – human agency
or any other a mass
of the matter of wealth
or of the matter of prosperity
in any other
shape is made to
go out of his possession
or expectancy without
his consent, a pain
in his breast
by the contemplation
of its exist or say
by the loss of it is
produced in his
breast. Call this
pain, the pain of
disappointment: he being
disappointed
at the thought of
the good which it
having been in his his in
possession or expectancy
he has there too.
Axiom III
Among the objects of
law in every community
is the affording
security against
this pain in this shape
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Axiom II
1. The pleasure of
antipathy is revenge
produced in the breast of the evil doer to the contemplation
of a pain of
disappointment produced
in the breast of the sufferer
is not in any case
equal so great in magnitude to
that same pain
To this axiom corresponds
as being thence
grounded a fundamental
principle entituled the
Disappointment-prevention
principle.
Thus
As yet in the
of evil no
evil other than that
of the first order is
taken into the account.
Now as to the evil
of the 2d. order.
☞ This for 26 Jany 1828
Principle
1. Corporal security providing
2. Mental security
3. Property- or
say Disappointment
☞ So far as regards
effects of the 1t order
preponderance
in case of
Say the
"Generally speaking; &c
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