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B. 1.
Chapter 4
Cases unmeet for Punishment
All punishment being in itself
evil, upon the principle of Utility, if it ought
at all to be admitted, it ought only to be
admitted in as far as it promises to exclude
some greater evil.
It is plain, therefore, that in the
following cases punishment ought not to be
inflicted, 1. where it is groundless; 2. where
it must be inefficacious; where because it cannot act
so as to prevent the mischief. 3. Where it is unprofitable
or too expensive; 4. Where it is needless where because the mischief may be prevented or cease of
itself without it.
I. Cases in which punishment is groundless.
1. Where there is no has never been any
mischief: as in the case of consent. Such consent
provided it be free and fairly obtained given, being the
best proof that can be obtained, that at least
no immediate mischief upon the whole has been
done to the party who gives it.
2. Where the mischief was is outweighed
in by the production of a benefit of greater value
as in precautions against instant calamity and
the exercise of domestic, judicial, military, &
supreme powers.
If an accurate conception has been formed
of the nature of a real offence it will be easily distinguished
from imaginary offences, acts which are in themselves innocent
but which prejudices antipathy & criticisms have
among crimes in the same manner as wholesome food has been
by, many people nations reckoned poisonous or unclean. Of this Claw
are the offences of heresy & whitchcraft.
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