rned with the existing causes of
pleasure and pain, but of pain rather than pleasure--the mischiefs which
it is desired to prevent, and the punishments by which it is sought to
prevent them--and for the due apportionment of the latter they should
have before them the complete list of punishments and of circumstances
affecting sensibility. By taking the two together--with one list or the
other for basis, preferably the punishment list--a classification of
appropriate penalties is attainable.

An analytical summary of the circumstances affecting sensibility will
distinguish as secondary--_i.e._, as acting not immediately but
mediately through the primary--sex, age, station in life, education,
climate, religion. The others, all primary, are connate--_viz._, radical
frame of mind and body--or adventitious. The adventitious are personal
or exterior. The personal concern a man's disposition of body or mind,
or his actions; the exterior the things or the persons he is concerned
with.

_II.--Human Actions Analysed_

The business of government is to promote the happiness of society by
rewarding and punishing, especially by punishing acts tending to
diminish happiness. An act demands punishment in proportion to its
tendency to diminish happiness--_i.e._, as the sum of its consequences
does so. Only such consequences are referred to as influence the
production of pain or pleasure. The intention, as involving other
consequences, must also be taken into consideration. And the intention
depends on the state both of the will and of the understanding as to the
circumstances--consciousness, unconsciousness, or false consciousness
regarding them. Hence with regard to each action we have to consider (1)
the act itself, (2) the circumstances, (3) the intentionality, (4) the
attendant consciousness, and also (5) the motive, and (6) the general
disposition indicated.

Acts are positive and negative--_i.e._, of commission and omission, or
forbearance; external or corporal, and internal or mental; transitive,
affecting some body other than the agent's, or intransitive; transient
or continued (mere repetition is not the same as habit). Circumstances
are material when visibly related to the consequences in point of
casuality, directly or indirectly. They may be criminative, or
exculpative, or aggravative, or evidential.

The intention may regard the act itself only, or its consequences
also--for instance, you may touch a man intentionall