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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 : http://catalogue.bnf.fr/ark:/12148/cb30085224s
Provenance : bnf.fr
Date de mise en ligne : 15/10/2007
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Of the [P R 0 P 0 RT 10 N] ~M~~&~M~ and ~~< clxxv
INTROD.
CHAP. XIV.
4th Objea–
toa~atthe
leaftexpence.
Ru!es of pro-
portion be-
tween pu-
mihments
and offences.
Ru!et.
Outweighthe
.profit of the
offence.
Thefamerutet
applicable to
motivcstnge-
neMt.
Profit may beof
any other kind,
asweUa'ipc-
cuniary.
ïmpropt'te~yop
the notiori that
thepunilhment
ooghinottoin"
creafe with the
temptatton.
chara.der
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 tempta-
tion, 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.
_L_I"l-
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