An Introduction to the Principles of Morals and
Legislation
Chapter XVI
Division of Offences
§ 5. Characters of the five classes
LXI. It has been mentioned as an advantage
possessed by this method, and not possessed by any other, that the
objects comprised under it are cast into groups, to which a variety of
propositions may be applied in common. A collection of these
propositions, as applied to the several classes, may be considered as
exhibiting the distinctive characters of each class. So many of these
propositions as can be applied to the offences belonging to any given
class, so many properties are they found to have in common: so many of
these common properties as may respectively be attributed to them, so
many properties may be set down to serve as characters of the
class. A collection of these characters it may here be proper to
exhibit. The more of them we can bring together, the more clearly and
fully will the nature of the several classes, and of the offences they
are composed of, be understood.
LXII. Characters of Class 1; composed of PRIVATE
offences, or offences against assignable individuals.
- When arrived at their last stage (the stage of consumation) they produce, all of
them, a primary mischief as
well as a secondary.
- The individuals whom they affect in the first instance (that is, by
their primary mischief) are constantly assignable. This
extends to all; to attempts and preparations, as
well as to such as have arrived at the stage of consummation.
- Consequently they admit of compensation: in which they differ
from the offences of all the other classes, as such.
- They admit
also of retaliation; in
which also they differ from the offences of all the other classes.
- There is always some person who has a natural and peculiar interest
to prosecute them. In this they differ from self-regarding offences:
also from semi-public and public ones; except in as far as the two
latter may chance to involve a private mischief.
- The mischief they produce is obvious: more so than that of
semi-public offences: and still more so than that of self-regarding
ones, or even public.
- They are every where, and must ever be, obnoxious to the censure of
the world: more so than semi-public offences as such; and still more
so than public ones.
- They are more constantly obnoxious to the censure of the
world than self-regarding offences: and would be so universally, were
it not for the influence of the two
false principles; the principle of asceticism, and the principle
of antipathy.
- They are less apt than semi-public and public
offences to require different
descriptions in different states and countries: in which respect
they are much upon a par with self-regarding ones.
- By certain circumstances of aggravation, they are liable to be
transformed into semi-public offences; and by certain others, into
public.
- There can be no ground for punishing them, until they can be
proved to have occasioned, or to be about to occasion some particular
mischief to some particular individual. In this they differ from
semi-public offences, and from public.
- In slight cases, compensation given to the individual affected by
them may be a sufficient ground for remitting punishment: for if the
primary mischief has not been sudicient to produce any alarm, the
whole of the mischief may be cured by compensation. In this also they
differ from semi-public offences, and from public ones.
LXIII. Characters of Class 2; composed of
SEMI-PUBLIC offences, or offences affecting a whole subordinate
class of persons.
- As such, they produce no primary mischief. The mischief they
produce consists of one or other or both branches of the secondary
mischief produced by offences against individuals, without the
primary.
- In as far as they are to be considered as belonging to this class,
the persons whom they affect in the first instance are not
individually assignable.
- They are apt, however, to involve or terminate in some primary
mischief of the first order; which when they do, they advance into the
first class, and become private offences.
- They admit not, as such, of compensation.
- Nor of retaliation
- As such, there is never any one particular individual whose
exclusive interest it is to prosecute them: a circle of persons may,
however, always be marked out, within which may be found some who have
a greater interest to prosecute than any who are out of that circle
have.
- The mischief they produce is in general pretty obvious: not so much
so indeed as that of private offences, but more so upon the whole than
that of self-regarding and public ones.
- They are rather less obnoxious to the censure of the world than
private offences; but they are more so than public ones: they would
also be more so than self-regarding ones, were it not for the influence
of the two false principles, the principle of sympathy and antipathy,
and that of asceticism.
- They are more apt than private and self-regarding offences to
require different descriptions in different countries: but less so
than public ones.
- There may be ground for punishing them before they have been
proved to have occasioned, or to be about to occasion, mischief to any
particular individual; which is not the case with private offences.
- In no cases can satisfaction given to any particular individual
affected by them be a sufficient ground for remitting punishment: for
by such satisfaction it is but a part of the mischief of them that is
cured. In this they differ from private offences; but agree with
public.
LXIV. Characters of Class 3; consisting of SELF
REGARDING offences: offences against one's self.
- In individual instances it will often be
questionable, whether they are productive of any primary mischief at all: secondary,
they produce none.
- They affect not any other individuals, assignable or not
assignable, except in as far as they affect the offender himself;
unless by possibility in particular cases; and in a very slight and
distant manner the whole state.
- They admit not, therefore, of compensation,
- Nor of retaliation.
- No person has naturally any peculiar interest to prosecute them:
except in as far as in virtue of some connection he may have
with the offender, either in point of sympathy or of
interest, a mischief of the derivative kind may happen to
devolve upon him.
- The mischief they produce is apt to be unobvious and in general more questionable than that of any of
the other classes.
- They are however apt, many of them, to be more obnoxious to the
censure of the world than public offences; owing to the influence of
the two false principles; the principle of asceticism, and the
principle of antipathy. Some of them more even than semi-public, or
even than private offence.
- They are less apt than offences of any other
class to require different
descriptions in different states and countries,
- Among the inducements to punish them, antipathy
against the offender is apt to have a greater share than sympathy for
the public.
- The best plea for punishing them is founded on a faint probability
there may be of their being productive of a mischief, which, if real,
will place them in the class of public ones: chiefly in those
divisions of it which are composed of offences against population, and
offences against the national wealth.
LXV. Characters of Class 4; consisting of PUBLIC
offences, or offences against the state in general.
- As such, they produce not any primary mischief; and the secondary
mischief they produce, which consists frequently of danger without
alarm, though great in value, is in specie very
indeterminate.
- The individuals whom they affect, in the first instance, are
constantly unassignable; except in as far as by accident they happen
to involve or terminate in such or such offences against individuals.
- Consequently they admit not of compensation.
- Nor of retaliation.
- Nor is there any person who has naturally any particular interest
to prosecute them; except in as far as they appear to affect the
power, or in any other manner the private interest, of some person in
authority.
- The mischief they produce, as such, is comparatively unobvious; much
more so than that of private offences, and more so likewise, than that
of semi-public ones.
- They are, as such, much less obnoxious to the censure of the world,
than private offences; less even than semi-public, or even than
self-regarding offences; unless in particular cases, through sympathy
to certain persons in authority, whose private interests they may
appear to affect.
- They are more apt than any of the other classes to admit of
different descriptions, in different states and countries.
- They are constituted, in many cases, by some circumstances of
aggravation superadded to a private offence: and therefore, in these
cases, involve the mischief and exhibit the other characters belonging
to both classes. They are however, even in such cases, properly enough
ranked in the 4th class, inasmuch as the mischief they produce in
virtue of the properties which aggregate them to that class, eclipses
and swallows up that which they produce in virtue of those properties
which aggregate them to the 1st.
- There may be sufficient ground for punishing them, without their
being proved to have occasioned, or to be about to occasion, any
particular mischief to any particular individual. In this they differ
from private offences, but agree with semi-public ones. Here, as in
semi-public offences, the extent of the mischief makes up for the
uncertainty of it.
- In no case can satisfaction, given to any particular individual
affected by them, be a sufficient ground for remitting punishment. In
this they differ from private offences; but agree with semi-public.
LXVI. Characters of Class 5, or appendix:
composed of MULTIFORM or ANOMALOUS offences; and containing offences
by FALSEHOOD, and offences concerning TRUST.
- Taken collectively, in the parcels marked out by their popular
appellations, they are incapable of being aggregated to any
systematical method of distribution, grounded upon the mischief of the
offence.
- They may, however, be thrown into sub-divisions, which may be
aggregated to such a method of distribution.
- These sub-divisions will naturally and readily rank under the
divisions of the several preceding classes of this system.
- Each of the two great divisions of this class spreads itself in
that manner over all the preceding classes.
- In some acts of this class, the
distinguishing circumstance which constitutes the essential character
of the offence, will in some instances enter necessarily, in the
character of a criminative circumstance, into the constitution of the
offence; insomuch that, without the intervention of this circumstance,
no offence at all, of that denomination, can be committed. In other
instances, the offence may subsist
without it; and where it interferes, it comes in as an accidental
independent circumstance, capable of constituting a ground of
aggravation.
[IPML, Chapter XVI, §4]
[IPML, Chapter XVII, §1]