CHAPTER IV.: CASES UNMEET FOR PUNISHMENT. - Jeremy Bentham, The Works of Jeremy Bentham, vol. 1 (Principles of Morals and Legislation, Fragment on Government, Civil Code, Penal Law) 
The Works of Jeremy Bentham, published under the Superintendence of his Executor, John Bowring (Edinburgh: William Tait, 1838-1843). 11 vols. Vol. 1.
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- Errata—vol. I.
- General Preface.
- Introduction to the Study of the Works of Jeremy Bentham;
- Section I.: Bentham’s Style and Method of Thinking.
- Section II.: The Greatest-happiness Principle and Its Application to Morals and Legislation.
- Section III.: The Pursuit of Truth.—fallacies.—principles of Evidence.
- Section IV.: System of Government.
- Section IV.: Law Reform.
- Section VI.: Principles of Punishment.
- Section VII.: Poor Laws, Education, and Other Institutions For National Amelioration.
- Section VIII.: International Law.
- Section IX.: Political Economy.
- Section X.: Logic and Metaphysics. †
- An Introduction to the Principles of Morals and Legislation.
- Chapter I.: Of the Principle of Utility.
- Chapter II.: Of Principles Adverse to That of Utility.
- Chapter III.: Of the Four * Sanctions Or Sources of Pain and Pleasure.
- Chapter IV.: Value of a Lot of Pleasure Or Pain, How to Be Measured.
- Chapter V.: Pleasures and Pains, Their Kinds.
- Chapter VI.: Of Circumstances Influencing Sensibility.
- Chapter VII.: Of Human Actions In General.
- Chapter VIII.: Of Intentionality.
- Chapter IX.: Of Consciousness.
- Chapter X.: Of Motives.
- Chapter XI.: Of Human Dispositions In General.
- Chapter XII.: Of the Consequences of a Mischievous Act.
- Chapter XIII. *: of Circumstances Influencing the Degree of Alarm.
- Chapter XIV.: Reasons For Considering Certain Actions As Crimes. *
- Chapter XV.: § 1. General View of Cases Unmeet For Punishment.
- Chapter XVI.: Of the Proportion Between Punishments and Offences.
- Chapter XVII.: Of the Properties to Be Given to a Lot of Punishment.
- Chapter XVIII. § 1.: Classes of Offences.
- Chapter XIX.: § 1. Limits Between Private Ethics and the Art of Legislation.
- I. Essay On the Promulgation of Laws
- Essay On the Influence of Time and Place In Matters of Legislation.
- Introduction. *
- Chapter I.: Principles to Be Followed In Trans Planting Laws.
- Chapter II.: Regard to Be Paid to Subsisting Institutions.
- Chapter III.: Rules Respecting the Method of Transplanting Laws.
- Chapter IV.: Laws Appear the Worse For Being Transplanted.
- Chapter V.: Influence of Time.
- A Table of the Springs of Action:
- A Fragment On Government;
- Preface to the First Edition, Published In 1776.
- Historical Preface, Intended For the Second Edition.
- Three Letters On the Fragment On Governmen
- Letter the First. of an Examination Into the Merits of a Critique On Blackstone’s Commentaries, Lately Published Under the Title of a Fragment On Government.
- Letter the Second. of an Examination Into the Merits of a Critique On Blackstone’s Commentaries, Lately Published Under the Title of a Fragment On Government.
- Letter the Third. By John Lind, Esq. Afterwards Barrister At Law, to D., Author of Two Letters * On a Fragment On Government.
- Introduction. *
- Chapter I.: Formation of Government.
- Chapter II.: Forms of Government.
- Chapter III.: The British Constitution.
- Chapter IV.: Right of the Supreme Power to Make Laws.
- Chapter V.: Duty of the Supreme Power to Make Laws.
- Principles of the Civil Code.
- Part I.—: Objects of the Civil Law. *
- Chapter I.: Of Rights and Obligations.
- Chapter II.: Distinct Objects of the Civil Law.
- Chapter III.: Relation Between These Objects.
- Chapter IV.: Of Laws Relative to Subsistence.
- Chapter V.: Of Laws Relative to Abundance.
- Chapter VI.: Propositions of Pathology Upon Which the Advantage of Equality Is Founded.
- Chapter VII.: Of Security.
- Chapter VIII.: Of Property.
- Chapter IX.: Answer to an Objection.
- Chapter X.: Analysis of the Evils Resulting From Attacks Upon Property.
- Chapter XI.: Security and Equality—their Opposition.
- Chapter XII.: Security and Equality—means of Reconciliation.
- Chapter XIII.: Sacrifices of Security to Security.
- Chapter XIV.: Cases Subject to Dispute.
- Chapter XV.: Examples of Attacks Upon Security.
- Chapter XVI.: Of Forced Exchanges.
- Chapter XVII.: Power of the Laws Over Expectation.
- Part II.
- Chapter I.: Of Titles Which Confer a Right to Property. *
- Chapter II.: Another Mode of Acquisition—consent.
- Chapter III.: Another Means of Acquisition—succession.
- Chapter V.: Of Wills.
- Chapter V.: Of Rights Respecting Services—means of Acquiring Them.
- Chapter VI.: Community of Goods—its Inconveniences.
- Chapter VII.: Of Distribution of Loss.
- Part III.: Of the Rights and Obligations Attached to Different Private Conditions.
- Chapter I.: Of Master and Servant.
- Chapter II.: Of Slavery.
- Chapter III.: Of Guardian and Ward.
- Chapter IV.: Of Parent and Child.
- Chapter V.: Of Marriage.
- Appendix.: of the Levelling System. *
- Principles of Penal Law.
- Part I.: Political Remedies For the Evil of Offences.
- Chapter I.: Subject of This Book.
- Chapter II.: Of Direct Methods of Preventing Offences.
- Chapter III.: Of Chronic Offences.
- Chapter IV.: Of Suppressive Remedies For Chronic Offences.
- Chapter V.: Of Martial Law
- Chapter VI.: Of the Nature of Satisfaction.
- Chapter VII.: Reasons Upon Which the Obligation to Make Satisfaction Is Founded.
- Chapter VIII.: Of the Different Kinds of Satisfaction.
- Chapter IX.: Of the Quantity of Satisfaction to Be Granted.
- Chapter X.: Of the Certainty of Satisfaction.
- Chapter XI.: Of Pecuniary Satisfaction.
- Chapter XII.: Of Restitution In Kind.
- Chapter XIII.: Of Attestative Satisfaction.
- Chapter XIV.: Of Honorary Satisfaction.
- Chapter XV.: Remedies For Offences Against Honour.
- Chapter XVI.: Of Vindictive Satisfaction.
- Chapter XVII.: Of Substitutive Satisfaction, Or At the Expense of a Third Party.
- Chapter XVIII.: Of Subsidiary Satisfaction At the Expense of the Public Treasure.
- Part II.—: Rationale of Punishment.
- Book I.: General Principles.
- Chapter I.: Definitions and Distinctions.
- Chapter II.: Classification.
- Chapter III.: Of the Ends of Punishment.
- Chapter IV.: Cases Unmeet For Punishment.
- Chapter V.: Expense of Punishment.
- Chapter VI.: Measure of Punishment.
- Chapter VII.: Of the Properties to Be Given to a Lot of Punishment.
- Chapter VIII.: Of Analogy Between Crimes and Punishments.
- Chapter IX.: Of Retaliation.
- Chapter X.: Of Popularity.
- Book II.: Of Corporal Punishments.
- Chapter I.: Simple Afflictive Punishments. *
- Chapter II.: Of Complex Afflictive Punishments.
- Chapter III.: Of Restrictive Punishments—territorial Confinement.
- Chapter IV.: Imprisonment.
- Chapter V.: Imprisonment—fees.
- Chapter VI.: Imprisonment Examined.
- Chapter VII.: General Scheme of Imprisonment.
- Chapter VIII.: Of Other Species of Territorial Confinement—quasi Imprisonment—relegation—banishment.
- Chapter IX.: Of Simply Restrictive Punishments.
- Chapter X.: Of Active Or Laborious Punishment.
- Chapter XI.: Capital Punishment.
- Chapter XII.: Capital Punishment Examined. *
- Book III.: Of Privative Punishments, Or Forfeitures.
- Chapter I.: Punishment Analyzed.
- Chapter II.: Of the Punishments Belonging to the Moral Sanction.
- Chapter III.: Forfeiture of Reputation.
- Chapter IV.: Of Pecuniary Forfeitures.
- Chapter V.: Forfeiture of Condition.
- Chapter VI.: Forfeiture of the Protection of the Law.
- Book IV.: Of the Proper Seat of Punishment: Or Say, of Mis-seated Punishment.
- Book V.: Of Complex Punishments.
- Chapter I.: Inconveniences of Complex Punishments.
- Chapter II.: Of Transportation.
- Chapter III.: Panopticon Penitentiary.
- Chapter IV.: Felony.
- Chapter V.: Of PrÆmunire.
- Chapter VI.: Outlawry.
- Chapter VII.: Excommunication.
- Book VI.: Miscellaneous Topics.
- Chapter I.: Choice of Punishments—latitude to Be Allowed to the Judges.
- Chapter II.: Of Subsidiary Punishments.
- Chapter III.: Of Surety For Good Conduct.
- Chapter IV.: Defeazance of Punishment.
- Appendix—: On Death-punishment. ∥ Jeremy Bentham to His Fellow-citizens of France.
- Part III.: Of Indirect Means of Preventing Crimes.
- Chapter I.: Methods of Taking Away the Physical Power of Injuring.
- Chapter II.: Another Indirect Method—hinder the Acquisition of Knowledge Which May Be Rendered Injurious. †
- Chapter III.: Of Indirect Means of Preventing the Will to Commit Offences.
- Chapter IV.: Problem I. to Divert the Course of Dangerous Desires, and Direct the Inclination Towards Those Amusements Which Are Most Conformed to the Public Interest.
- Chapter V.: Problem II. to Make Such Arrangements, That a Given Desire May Be Satisfied Without Prejudice, Or With the Least Possible Prejudice.
- Chapter VI.: Problem III. to Avoid Furnishing Encouragement to Crimes.
- Chapter VII.: Problem IV. to Augment the Responsibility of Individuals, In Proportion As They Are More Exposed to Temptation to Do Wrong.
- Chapter VIII.: Problem V. to Diminish Sensibility With Regard to Temptation.
- Chapter IX.: Problem VI. to Strengthen the Impression of Punishments Upon the Imagination.
- Chapter X.: Problem VII. to Facilitate the Discovery of Offences Committed.
- Chapter XI.: Problem VIII. to Prevent Offences, By Giving to Many Persons an Interest In Preventing Them.
- Chapter XII.: Problem IX. to Facilitate the Recognition and the Finding of Individuals.
- Chapter XIII.: Problem X. to Increase the Difficulty of Escape For Delinquents.
- Chapter XIV.: Problem XI. to Diminish Uncertainty With Regard to Procedure and Punishment.
- Chapter XV.: Problem XII. to Prohibit Accessory Offences, In Order to Prevent Their Principals.
- Chapter XVI.: Of the Cultivation of Benevolence.
- Chapter XVII.: Employment of the Motive of Honour, Or of the Popular Sanction.
- Chapter XVIII.: Of the Employment of the Religious Sanction.
- Chapter XIX.: Uses to Be Drawn From the Power of Instruction.
- Chapter XX.: Use to Be Made of the Power of Education.
- Chapter XXI.: General Precautions Against the Abuse of Authority.
- Chapter XXII.: Measures to Be Taken Against the Ill Effects of an Offence Already Committed—conclusion of the Subject.
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; because it cannot act so as to prevent the mischief: 3. Where it is unprofitable or too expensive: 4. Where it is needless; because the mischief may be prevented or cease of itself without it.
Cases in which Punishment is groundless.
1. Where there has never been any mischief, as in the case of consent: such consent, provided it be free and fairly 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 is outweighed by the production of a benefit of greater value, as in precautions against instant calamity, and the exercise of domestic, judicial, military, and supreme powers.
Cases in which Punishment must be inefficacious.
These are, 1. Where the penal provision is not established until after the act is done. Such are the cases of an ex post facto law, and of a sentence beyond the law. 2. Where the penal provision, though established, is not conveyed to the notice of the person on whom it is intended to operate, as from want of due promulgation. 3. Where the penal provision, though it were conveyed to the individual’s notice, could produce no effect with respect to preventing his engaging in the act prohibited; as in the cases of extreme infancy, insanity, and intoxication. 4. Where the penal provision, though present to the party’s notice, does not produce its effect, because he knows not the act he is about to engage in is of the number of those to which the penal provision relates. 5. Where, though the penal clause might exert a full and prevailing influence were it to act alone, yet by the predominant influence of some opposite cause upon the will, such as physical danger or threatened mischief, it must necessarily be ineffectual. 6. Where, though the penal clause may exert a full and prevailing influence over the will of the party, yet his physical faculties (owing to the predominant influence of some physical cause) are not in a condition to follow the determination of his will: insomuch that the act is absolutely involuntary, as through compulsion or restraint.
Cases where Punishment is unprofitable.
If the evil of the punishment exceed the evil of the offence, the punishment will be unprofitable: the legislator will have produced more suffering than he has prevented; he will have purchased exemption from one evil at the expense of a greater.
The evil resulting from punishment divides itself into four branches:—1. The evil of coercion or restraint, or the pain which it gives a man not to be able to do the act, whatever it be, which, by the apprehension of the punishment, he is deterred from doing. 2. The evil of apprehension, or the pain which a man, who has exposed himself to punishment, feels at the thoughts of undergoing it. 3. The evils of sufferance, or the pain which a man feels, in virtue of the punishment itself, from the time when he begins to undergo it. 4. The pain of sympathy, and the other derivative evils resulting to the persons who are in connexion with those who suffer from the preceding causes.
Cases where Punishment is needless.
A punishment is needless, where the purpose of putting an end to the practice may be attained as effectually at a cheaper rate, by instruction, for instance, as well as by terror; by informing the understanding, as well as by exercising an immediate influence on the will. This seems to be the case with respect to all those offences which consist in the disseminating pernicious principles in matters of duty, of whatever kind the duty may be, whether political, moral, or religious: and this, whether such principles be disseminated under, or even without a sincere persuasion of their being beneficial. I say even without; for though, in such a case, it is not instruction that can prevent the individual from endeavouring to inculcate his principles, yet it may prevent others from adopting them: without which, the endeavours to inculcate them will do no harm. In such a case, the sovereign will commonly have little occasion to take an active part: if it be the interest of one individual to inculcate opinions that are pernicious, it will surely be the interest of other individuals to expose them. But if the sovereign must needs take a part in the controversy, the pen is the proper weapon wherewith to combat error, and not the sword.
On the other hand, as to the evil of the offence, this will, of course, be greater or less according to the nature of each offence. The proportion between the one evil and the other will therefore be different in the case of each particular offence. The cases, therefore, where punishment is unprofitable on this ground, can by no other means be discovered, than by an examination of each particular offence.
These considerations ought at all times to be present to the mind of the legislator, whenever he establishes any punishment. It is from them that he will derive his principal reasons for general amnesties, on account of the multitude of delinquents; for the preservation of a delinquent, whose talents could not be replaced, or whose punishment would excite the public displeasure, or the displeasure of foreign powers.