The principles of morals and legislation by Jeremy Bentham

Author:Jeremy Bentham
Language: eng
Format: epub, pdf
Publisher: Clarendon Press

XTTI. The properties of exemplarity and frugality seem to Exempiarity pursue the same immediate end, though by different courses, frugality, in Both are occupied in diminishing the ratio of the real suffering differ and to the apparent: but exemplarity tends to increase the apparent; frugality to reduce the real.

XIV. Thus much concerning the properties to be given to Other

0 r r ° properties of

pumshments in general, to whatsoever offences they are to be inferior applied. Those which follow are of less importance, either as referring only to certain offences in particular, or depending upon the influence of transitory and local circumstances.

In the first place, the four distinct ends into which the main and general end of punishment is divisible1, may give rise to so many distinct properties, according as any particular mode of punishment appears to be more particularly adapted to the compassing of one or of another of those ends. To that of example, as being the principal one, a particular property has already been adapted. There remains the three inferior ones of reformation, disablement, and compensation.

XV. A seventh property, therefore, to be wished for in a Property 7. mode of punishment, is that of subserviency to reformation, orviencyto reforming tendency. Now any punishment is subservient to reformation in proportion to its quantity: since the greater the punishment a man has experienced, the stronger is the tendency

it has to create in him an aversion towards the offence which was the cause of it: and that with respect to all offences alike. But there are certain punishments which, with regard to certain offences, have a particular tendency to produce that effect by reason of their quality : and where this is the case, the punishments in question, as applied to the offences in question, will pro tanto have the advantage over all others. This influence will depend upon the nature of the motive which is the cause of the offence : the punishment most subservient to reformation will be the sort of punishment that is best calculated to invalidate the force of that motive.

XVI. Thus, in offences originating from the motive of ill-— applied to

1 See ch. xiii. [Cases unmeet], par. ii. note.

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