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What makes the malignity or heinousness as
it is called of an offence according to
popular notions. The Popular measures
of the it's malignity do not indicate it's
mischievousness, and therefore are erroneous.
Malignity, what? The malignity of an offence in the popular
sense of the word which is that I use
it in, is that which makes it odious, or, in other words is
made up of those circumstances belonging to it,
which serve to make it an object of abhorrance.
Now these circumstances are not always the same
which render it mischievous. The end of our
knowing whether, and to what degree an offence
is mischievous, is only that we may know whether, & to what may know
degree to punish it. But the circumstances which render it popularly odious They But the circumstances are so far from being always
the same which render it more meet for
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punishment: that they often render it even less so.
Strength of Temptation 1st The strength of the temptation to an offence diminishes
it's malignity: it increases the
demand for punishment. [1]
Degree of Deliberation. 2d. The degree of deliberation with which the offence was
done is a circumstance that increases it's malignity:
but except in the instance of murder
it is a circumstance too variable in it's degrees
have any considerable effect in point of mischievousness
and too difficult to asscertain to be taken
into account for the purpose of punishment.
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Identifier: | JB/096/151/001"JB/" can not be assigned to a declared number type with value 96. |
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legislation |
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151 |
aestimation malignity of an act - is not its mischievousness |
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jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
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31155 |
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