Front Page Titles (by Subject) § 1. General view of cases unmeet for punishment. - An Introduction to the Principles of Morals and Legislation
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§ 1. General view of cases unmeet for punishment. - Jeremy Bentham, An Introduction to the Principles of Morals and Legislation 
An Introduction to the Principles of Morals and Legislation (Oxford: Clarendon Press, 1907).
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§ 1. General view of cases unmeet for punishment.
I. The general object which all laws have, or ought to have, in common, is to augment the total happiness of the community; and therefore, in the first place, to exclude, as far as may be, every thing that tends to subtract from that happiness: in other words, to exclude mischief.
II. But all punishment is mischief: all punishment in itself is 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.69
III. It is plain, therefore, that in the following cases punishment ought not to be inflicted.
[69.]What follows, relative to the subject of punishment, ought regularly to be preceded by a distinct chapter on the ends of punishment. But having little to say on that particular branch of the subject, which has not been said before, it seemed better, in a work which will at any rate be but too voluminous, to omit this title, reserving it for another, hereafter to be published, intituled The Theory of Punishment.* To the same work I must refer the analysis of the several possible modes of punishment, a particular and minute examination of the nature of each, and of its advantages and disadvantages, and various other disquisitions, which did not seem absolutely necessary to be inserted here. A very few words, however, concerning the ends of punishment, can scarcely be dispensed with.