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Titre : An introduction to the principles of morals and legislation : printed in the year 1780 and now first published / by Jeremy Bentham,...

Auteur : Bentham, Jeremy (1748-1832)

Éditeur : T. Payne (London)

Date d'édition : 1789

Type : monographie imprimée

Langue : Anglais

Format : 9-CCCXXXV p. ; in-4

Format : application/pdf

Droits : domaine public

Identifiant : ark:/12148/bpt6k93974k

Source : Bibliothèque nationale de France, département Droit, économie, politique, F-17858

Relation :

Provenance : Bibliothèque nationale de France

Date de mise en ligne : 15/10/2007

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L. VI. <

4. The ~aft ob)e<~ is, whatever the mifchief be, which it is propofed 4 to prevent, to prevent it at as cbeap a rate as poffible. t VIL

Subfervient to thefe four objets, or purpofes, muftbetherulesor 1 canons by which the proportion of punifhments b to offences is to be governed. VIII.

Ruie i.

i. The firft ob~ect, it has been feen, is to prevent, in as far as it is t worth while, all,forts of offences therefore, ] ?%~ value of the punifhment muft not be lefs in any f~ than ` ~~f~M~ outweigh that of tbe profit <= 0/' the O~KC~

If it be, the offence (unlefs fome other confiderations, independent of the puniihment, lhould intervene and operate efficacioufly in the Beceana, dei diletti, § 6. id. trad. par. Morellet, § zg.

[Pumihments.] The famé ruies (it is to be ob~erved) may be applied, with )itt!& variation, to rewards as well as puniihment: in ûiort, to motives in generai, wMch, according as they are of the pleafttrabte or painfui kind, are of the nature of ~"HM~ or J ~e«~«M~ and, according as the a~t they are applied to produce M of the pofitive or négative kind, are âilëd impelling or reHraining. See ch. x. [Motives J xliti. [Protit.] By thé profit of an offence, is to be underftood, not merely the pecuniary 1 profit, but the pleafure or advantage, of whatever kind it be, which a man reaps, or ex- peéts to reap, from the gratification of the defire which prompted him to engage in the < effence

It is the pront (that is, the expectation of the profit) of thé offence that conftitutes the /M~&'M~ motive, or, where there are feveral, the fum of the, impelling motives, by which a man is prompted to engage in the offence. It is the punifhment, that is, the ( expe~ation of the punifhment, that confHtutes the f~r~a~ motive, which, either by itfelf, or in conjaNcHon. with others, is to aët upon him in a contrary diie<3:ion, fo as to ind'uce him to abitain from engaging in the offence. Accidental cirCumftances apart, the ftrength of the temptatiou ïs as the force of the feducing, that is, of the impelling motive or motives. To fay then, as authors of great merit and' great name hâve faid, that the puniihment ought not to increa~e with the ftrength of the temptation, is as much as to fay in mechanics, that the moving force or MMSM/M! of the ~ctu~r need not incte&fe in proportion to the momentum of the hurthm. Sec cb. x. [MotIfC!.] t.