边沁：《道德与立法原理导论》读书笔记

前言

作为道德原理的导论；As an introduction to the principles of morals, in addition to the analysis it contains of the extensive ideas signified by the terms pleasure, pain, motive, and disposition, it ought to have given a similar analysis of the not less extensive, though much less determinate, ideas annexed to the terms emotion, passion, appetite, virtue, vice, and some others, including the names of the particular virtues and vices. vii. 作为一般立法原理的导论；as an introduction to the principles of legislation in general, it ought rather to have included matters belonging exclusively to the civil branch, than matters more particularly applicable to the penal: the latter being but a means of compassing the ends proposed by the former. vii. 边沁指出古代哲学家持有两套学说：大众的和隐蔽的，自己是一致的。【52】He may therefore in this respect find himself in the condition of those philosophers of antiquity, who are represented as having held two bodies of doctrine, a popular and an occult one: but, with this difference, that in his instance the occult and the popular will, he hopes, be found as consistent as in those they were contradictory; and that in his production whatever there is of occultness has been the pure result of sad necessity, and in no respect of choice. ix-x. 在边沁看来，truths that form the basis of political and moral science are not to be discovered but by investigations as severe as mathematical ones, and beyond all comparison more intricate and extensive. … There is no King’s Road, no Stadtholder’s Gate, to legislative, any more than to mathematic science. xiv. 时殷弘译本翻译为误。

第一章 功利原理（Of The Principle of Utility）

【人类为快乐和痛苦统治】“自然将人置于两位主人的统治之下，即快乐和痛苦，只有它们指示我们应当做什么，也决定我们将要做什么。”（Nature has placed mankind under the governance of two sovereign masters, pain and pleasure. It is for them alone to point out what we ought to do, as well as to determine what we shall do. pp.1.）边沁强调这种支配：On the one hand the standard of right and wrong, on the other the chain of causes and effects, are fastened to their throne. They govern us in all we do, in all we say, in all we think: every effort we can make to throw off our subjection, will serve but to demonstrate and confirm it. In words a man may pretend to abjure their empire: but in reality he will remain. subject to it all the while. pp.1. 他所主张的功利原理承认这种支配，并假定它作为依靠理性和法律之手建造幸福大厦的基础The principle of utility recognizes this subjection, and assumes it for the foundation of that system, the object of which is to rear the fabric of felicity by the hands of reason and of law. Systems which attempt to question it, deal in sounds instead of sense, in caprice instead of reason, in darkness instead of light. pp.1-2.

【功利原理作为基石】 “功利原理是这样一种原理：它按照看来势必增加或减少利益相关者的幸福的趋向，也就是说，促进或反对幸福，来决定赞同还是反对每一个行动。我是说每一种行动，因此不仅指个人的每一行动，也指政府的每一项举措。”（By the principle of utility is meant that principle which approves or disapproves of every action whatsoever. according to the tendency it appears to have to augment or diminish the happiness of the party whose interest is in question: or, what is the same thing in other words to promote or to oppose that happiness. I say of every action whatsoever, and therefore not only of every action of a private individual, but of every measure of government. pp.2.）

【什么是功利】功利是指任何客体的如下性质，它趋向于产生利益、好处、快乐、善好或幸福（在目前的情况中所有这些都是同样的东西），或阻止损害、痛苦、邪恶或不幸（这些也相同）；如果利益相关方是一般的共同体，那么就是共同体的幸福；如果是殊别的个体，那么就是个体的幸福。（By utility is meant that property in any object, whereby it tends to produce benefit, advantage, pleasure, good, or happiness, (all this in the present case comes to the same thing) or (what comes again to the same thing) to prevent the happening of mischief, pain, evil, or unhappiness to the party whose interest is considered: if that party be the community in general, then the happiness of the community: if a particular individual, then the happiness of that individual. pp.2.）

【共同体和个体的利益】共同体是一种虚构体，由被看作是其成员的个体组成；共同体的利益是组成它的若干成员利益的总和（The community is a fictitious body, composed of the individual persons who are considered as constituting as it were its members. The interest of the community then is, what is it?—the sum of the interests of the several members who compose it. pp.2.）对共同体利益的理解不能离开对个人利益的理解。当一个事物趋向于增加其快乐的总体数量，或减少其痛苦的总体数量时，可称为促进了或为了该个体的利益（A thing is said to promote the interest, or to be for the interest, of an individual, when it tends to add to the sum total of his pleasures: or, what comes to the same thing, to diminish the sum total of his pains. pp.2.）

【什么是符合功利原理】边沁提出：（1）共同体符合功利原理：An action then may be said to be conformable to then principle of utility, or, for shortness sake, to utility, (meaning with respect to the community at large) when the tendency it has to augment the happiness of the community is greater than any it has to diminish it. pp.2. （2）政府符合功利原理：A measure of government (which is but a particular kind of action, performed by a particular person or persons) may be said to be conformable to or dictated by the principle of utility, when in like manner the tendency which it has to augment the happiness of the community is greater than any which it has to diminish it. pp.2.（3）法律或命令符合功利原理：When an action, or in particular a measure of government, is supposed by a man to be conformable to the principle of utility, it may be convenient, for the purposes of discourse, to imagine a kind of law or dictate, called a law or dictate of utility: and to speak of the action in question, as being conformable to such law or dictate. pp.2.（4）人是功利原理的拥护者：A man may be said to be a partizan of the principle of utility, when the approbation or disapprobation he annexes to any action, or to any measure, is determined by and proportioned to the tendency which he conceives it to have to augment or to diminish the happiness of the community: or in other words, to its conformity or unconformity to the laws or dictates of utility. pp.3-4. 边沁认为应根据是否符合功利原理来理解行动的应当与不应当、对与错：“一个人对于符合功利原理的行动，总是可以说它是应当做的，或者至少可以说它不是不应当做的。一个人也可以说，去做它是对的，或者至少可以说去做是不错的：它是一项正确的行动，或者至少不是一项错误的行动。应当、正确与错误以及其他同类词汇被如此地解释时，才有意义。否则无意义。”Of an action that is conformable to the principle of utility one may always say either that it is one that ought to be done, or at least that it is not one that ought not to be done. One may say also, that it is right it should be done; at least that it is not wrong it should be done: that it is a right action; at least that it is not a wrong action. When thus interpreted, the words ought, and right and wrong and others of that stamp, have a meaning: when otherwise, they have none. pp.4.

【功利原理的证明与遵从】边沁认为，功利原理本身“不能被直接地证明：因为那被用来证明其他一切的，本身不能被证明。证明的链条必然有一个开端。给出这样的证明既无可能亦无必要。”（Is it susceptible of any direct proof? it should seem not: for that which is used to prove every thing else, cannot itself be proved: a chain of proofs must have their commencement somewhere. To give such proof is as impossible as it is needless. pp.4.）他指出，依据人类的自然构造，人在生命中绝大部分时刻都不假思索地遵从功利原理；但完全且没有保留地决定拥护它的人却不多。（By the natural constitution of the human frame, on most occasions of their lives men in general embrace this principle, without thinking of it: if not for the ordering of their own actions, yet for the trying of their own actions, as well as of those of other men. There have been, at the same time, not many perhaps, even of the most intelligent, who have been disposed to embrace it purely and without reserve. pp.4.）这或者是因为没有理解如何适用它，或者由于偏见或其他害怕检验或不忍心放弃的原因（There are even few who have not taken some occasion or other to quarrel with it, either on account of their not understanding always how to apply it, or on account of some prejudice or other which they were afraid to examine into, or could not bear to part with. pp.4.）边沁写道：For such is the stuff that man is made of: in principle and in practice, in a right track and in a wrong one, the rarest of all human qualities is consistency. pp.4. 当有人试图反驳功利原理时，他是无意识地从这一原理本身得出理由。这并不能证明原理错误，而是被误用了（When a man attempts to combat the principle of utility, it is with reasons drawn, without his being aware of it, from that very principle itself. His arguments, if they prove any thing, prove not that the principle is wrong, but that, according to the applications he supposes to be made of it, it is misapplied. Is it possible for a man to move the earth? Yes; but he must first find out another earth to stand upon. pp.4-5.）为克服对该原理的偏见须采取的十条途径。

第二章 与功利原理相反的原理

【与功利原理相反的两种原理】在边沁看来，除了功利原理外的其他原理都是错误的，只须陈述即可驳倒之（If the principle of utility be a right principle to be governed by, and that in all cases, it follows from what has been just observed, that whatever principle differs from it in any case must necessarily be a wrong one. To prove any other principle, therefore, to be a wrong one, there needs no more than just to show it to be what it is, a principle of which the dictates are in some point or other different from those of the principle of utility: to state it is to confute it. pp.8.）一项原理可能以两种方式区别于功利原理，即苦行主义，以及同情与厌恶原理（A principle may be different from that of utility in two ways: 1. By being constantly opposed to it: this is the case with a principle which may be termed the principle of asceticism. 2. By being sometimes opposed to it, and sometimes not, as it may happen: this is the case with another, which may be termed the principle of sympathy and antipathy. pp.8-9.）

【苦行主义原理及其批判】苦行主义赞同趋向于减少幸福的行动，反对趋向于增加幸福的行动（By the principle of asceticism I mean that principle, which, like the principle of utility, approves or disapproves of any action, according to the tendency which it appears to have to augment or diminish the happiness of the party whose interest is in question; but in an inverse manner: approving of actions in as far as they tend to diminish his happiness; disapproving of them in as far as they tend to augment it. pp.9.）据此，苦行主义的拥护者是指：It is evident that any one who reprobates any the least particle of pleasure, as such, from whatever source derived, is pro tanto a partisan of the principle of asceticism. pp.9. 包括道德家和宗教狂，二者类别不同、动机不同——对荣誉和名声的希望，对“易怒而善妒的神”的迷信恐惧——但他们信奉的原理相同。（There are two classes of men of very different complexions, by whom the principle of asceticism appears to have been embraced; the one a set of moralists, the other a set of religionists. Different accordingly have been the motives which appears to have recommended it to the notice of these different parties. Hope, that is the prospect of pleasure, seems to have animated the former: hope, the aliment of philosophic pride: the hope of honour and reputation at the hands of men. Fear, that is the prospect of pain, the latter: fear, the offspring of superstitious fancy: the fear of future punishment at the hands of a splenetic and revengeful Deity. I say in this case fear: for of the invisible future, fear is more powerful than hope. These circumstances characterize the two different parties among the partisans of the principle of asceticism; the parties and their motives different, the principle the same. pp.9.）宗教狂比道德家更甚：行动更一致但更少智慧（The religious party, however, appear to have carried it farther than the philosophical: they have acted more consistently and less wisely. pp.10.）苦行主义道德的分支更容易影响受教育的人（men of education），宗教的分支更容易影响粗俗的人（the vulgar）；两类人结盟共同反对功利主义者（It was this conformity that made a kind of alliance between parties of a complexion otherwise so dissimilar: and disposed them to unite upon various occasions against the common enemy, the partizan of the principle of utility, whom they joined in branding with the odious name of Epicurean. pp.10.）不过边沁指出：

（1）无论苦行主义原理如何被当作私人行动的准则而信奉，但似乎并没有被实际应用于政府事务中（The principle of asceticism, however, with whatever warmth it may have been embraced by its partizans as a rule of Private conduct, seems not to have been carried to any considerable length, when applied to the business of government. pp.11.）边沁指出，一个人鞭笞自己百十下值得称赞，但未经同意鞭笞他人百十次则是罪。（For a man to give himself a certain number of stripes was indeed meritorious: but to give the same number of stripes to another man, not consenting, would have been a sin. pp.11.）如圣战和宗教迫害即明证witness the holy wars, and the persecutions for religion. pp.11.

（2）苦行主义说到底是对功利原理的误用：The principle of asceticism seems originally to have been the reverie of certain hasty speculators, who having perceived, or fancied, that certain pleasures, when reaped in certain circumstances, have, at the long run, been attended with pains more than equivalent to them, took occasion to quarrel with every thing that offered itself under the name of pleasure. Having then got thus far, and having forgot the point which they set out from, they pushed on, and went so much further as to think it meritorious to fall in love with pain. Even this, we see, is at bottom but the principle of utility misapplied. pp.12-13. 功利主义能够被彻底贯彻，但苦行主义却不能贯彻到底（The principle of utility is capable of being consistently pursued; and it is but tautology to say, that the more consistently it is pursued, the better it must ever be for human-kind. The principle of asceticism never was, nor ever can be, consistently pursued by any living creature. Let but one tenth part of the inhabitants of this earth pursue it consistently, and in a day’s time they will have turned it into a hell. pp.13.）

【同情与厌恶原理及其批判】同情与厌恶原理是指之所以赞同或反对特定行动，并非是因为它们有助于增加或减少利益相关方的幸福，而只是因为一个人发现他自己倾向于赞同或反对它们。（By the principle of sympathy and antipathy, I mean that principle which approves or disapproves of certain actions, not on account of their tending to augment the happiness, nor yet on account of their tending to diminish the happiness of the party whose interest is in question, but merely because a man finds himself disposed to approve or disapprove of them: holding up that approbation or disapprobation as a sufficient reason for itself, and disclaiming the necessity of looking out for any extrinsic ground. pp.15-16.）在一般的道德领域如此，殊别的政治领域亦然[Thus far in the general department of morals: and in the particular department of politics, measuring out the quantum (as well as determining the ground) of punishment, by the degree of the disapprobation. pp.16.] 在注释部分，边沁认为这一原理应当改称为“任意的原理”（the principle of caprice）：作为对象被加诸义务的行动时可称为“同情与厌恶原理”，但作关于权利特别是所有权资格的选择，更多是依靠想象而非情感，应被恰当称为“幻想原理”It ought rather to have been styled, more extensively, the principle of caprice. Where it applies to the choice of actions to be marked out for injunction or prohibition, for reward or punishment, (to stand, in a word, as subjects for obligations to be imposed,) it may indeed with propriety be termed, as in the text, the principle of sympathy and antipathy. But this appellative does not so well apply to it, when occupied in the choice of the events which are to serve as sources of title with respect to rights: where the actions prohibited and allowed the obligations and rights, being already fixed, the only question is, under what circumstances a man is to be invested with the one or subjected to the other? from what incidents occasion is to be taken to invest a man, or to refuse to invest him, which the one, or to subject him to the other? In this latter case it may more appositely be characterized by the name of the phantastic principle. Sympathy and antipathy are affections of the sensible faculty. But the choice of titles with respect to rights, especially with respect to proprietary rights, upon grounds unconnected with utility, has been in many instances the work, not of the affections but of the imagination. pp.13. 边沁指出，这是一条名义上的而非实在的原理，是对一切原理的否定（It is manifest, that this is rather a principle in name than in reality: it is not a positive principle of itself, so much as a term employed to signify the negation of all principle. pp.16.）依据的是个人感觉[In looking over the catalogue of human actions (says a partizan of this principle) in order to determine which of them are to be marked with the seal of disapprobation, you need but to take counsel of your own feelings: whatever you find in yourself a propensity to condemn, is wrong for that very reason. pp.16.] 就对和错之标准组成的各式系统可能全都可以被还原为同情与厌恶原理（The various systems that have been formed concerning the standard of right may all be reduced to the principle of sympathy and antipathy. pp.17.）这一原理总是与功利原则重合而非抵触，根据有害性憎恨（It is manifest, that the dictates of this principle will frequently coincide with those of utility, though perhaps without intending any such thing. pp.18-9. ……For what more natural or more general ground of hatred to a practice can there be, than the mischievousness of such practice? What all men are exposed to suffer by, all men will be disposed to hate. It is far yet, however, from being a constant ground: for when a man suffers, it is not always that he knows what it is he suffers by. pp.20.）边沁指出，同情和厌恶原理容易错在严苛[The principle of sympathy and antipathy is most apt to err on the side of severity. It is for applying punishment in many cases which deserve none: in many cases which deserve some, it is for applying more than they deserve. There is no incident imaginable, be it ever so trivial, and so remote from mischief, from which this principle may not extract a ground of punishment. Any difference in taste: any difference in opinion: upon one subject as well as upon another. No disagreement so trifling which perseverance and altercation will not render serious. Each becomes in the other’s eyes an enemy, and, if laws permit, a criminal. This is one of the circumstances by which the human race is distinguished (not much indeed to its advantage) from the brute creation. pp.20-21.] 但有时也可能失之宽纵（It is not, however, by any means unexampled for this principle to err on the side of lenity. A near and perceptible mischief moves antipathy. A remote and imperceptible mischief, though not less real, has no effect. pp.21.）

【神学原理】所谓神学原理，指的是principal which professes to recur for the standard of right and wrong to the will of God. pp.21. 边沁否认神学原理是独立的原理，而认为是上述三种原理的不同表现形式；上帝的意愿是假定的意愿，即符合上述三项原理的规定而假定是上帝的意愿（this is not in fact a distinct principle. It is never any thing more or less than one or other of the three before-mentioned principles presenting itself under another shape. The will of God here meant cannot be his revealed will, pp.21. …… The will then which is meant on this occasion, is that which may be called the presumptive will: that is to say, that which is presumed to be his will by virtue of the conformity of its dictates to those of some other principle. pp.22.）何为上帝意愿问题上所说的东西都不能得出对错标准（It is plain, therefore, that, setting revelation out of the question, no light can ever be thrown upon the standard of right and wrong, by any thing that can be said upon the question, what is God’s will. pp.22.）在注释部分，边沁这样解释：上帝既不言说，也不书写，我们只能观察我们自己的喜好，并宣称是上帝的，据此，所谓上帝的喜好，是也必定是宣称相信神或假装相信是上帝意愿的人的意愿。[The principle of theology refers every thing to God’s pleasure. But what is God’s pleasure? God does not, he confessedly does not now, either speak or write to us. How then are we to know what is his pleasure? By observing what is our own pleasure, and pronouncing it to be his. Accordingly, what is called the pleasure of God, is and must necessarily be (revelation apart) neither more nor less than the good pleasure of the person, whoever he be, who is pronouncing what be believes, or pretends, to be God’s pleasure. pp.22.]

【厌恶等是行动的原因而非理由，唯有功利是理由】边沁在最后区分了动机（或原因）与ground（或理由）：前者产生于个人的心灵而产生行动，后者是立法者或其他旁观者以赞赏的眼光看待该行动（There are two things which are very apt to be confounded, but which it imports us carefully to distinguish: — the motive or cause, which, by operating on the mind of an individual, is productive of any act: and the ground or reason which warrants a legislator, or other by-stander, in regarding that act with an eye of approbation. pp.22-23.）在他看来，厌恶是行动的原因，但并不是行动的恰当理由（It is in this way that the sentiment of antipathy has often been considered as a just ground of action. Antipathy, for instance, in such or such a case, is the cause of an action which is attended with good effects: but this does not make it a right ground of action in that case, any more than in any other. Still farther. Not only the effects are good, but the agent sees beforehand that they will be so. This may make the action indeed a perfectly right action: but it does not make antipathy a right ground of action. For the same sentiment of antipathy, if implicitly deferred to, may be, and very frequently is, productive of the very worst effects. Antipathy, therefore, can never be a right ground of action. pp.23.）唯有功利是理由（The only right ground of action, that can possibly subsist, is, after all, the consideration of utility which, if it is a right principle of actions and of approbation any one case, is so in every other. Other principles in abundance, that is, other motives, may be the reasons why such and such an act has been done: that is, the reasons or causes of its being done: but it is this alone that can be the reason why it might or ought to have been done. Antipathy or resentment requires always to be regulated, to prevent it doing mischief: to be regulated what? always by the principle of utility. The principle of utility neither requires nor admits of any another regulator than itself. pp.23.）

第三章 痛苦与快乐的四种约束力或来源（Of the Four Sanctions or Sources of Pain and Pleasure）

【作为终极原因的快乐和痛苦】It has been shown that the happiness of the individuals, of whom a community is composed, that is their pleasures and their security, is the end and the sole end which the legislator ought to have in view: the sole standard, in conformity to which each individual ought, as far as depends upon the legislator, to be made to fashion his behaviour. But whether it be this or any thing else that is to be done, there is nothing by which a man can ultimately be made to do it, but either pain or pleasure. Having taken a general view of these two grand objects (viz., pleasure, and what comes to the same thing, immunity from pain) in the character of final causes; it will be necessary to take a view of pleasure and pain itself, in the character of efficient causes or means. pp.24.

【作为有效原因或手段的快乐和痛苦】快乐和痛苦的四种可辨识的来源：自然的、政治的、道德的和宗教的；只要属于其中每一种的快乐和痛苦能够产生束缚任何法律或行动规则的力量，它们就全都可称为约束力。（There are four distinguishable sources from which pleasure and pain are in use to flow: considered separately they may be termed the physical, the political, the moral and the religious: and inasmuch as the pleasures and pains belonging to each of them are capable of giving a binding force to any law or rule of conduct, they may all of them termed sanctions. pp.24.）在注释部分，边沁解释了sanction一词，拉丁文sanctio，表束缚，又表示足以束缚一个人的任何事情，即遵守诸如此类的行动模式（act of binding, and, by a common grammatical transition, any thing which serves to bind a man: to wit, to the observance of such or such a mode of conduct. pp.24.）在他看来，约束力是强制性力量或动机的一个来源，亦即痛苦和快乐的一个来源；由于同诸如此类的行动模式相关联，痛苦和快乐作为动机起作用，且的确是唯一能够起作用的（A Sanction then is a source of obligatory powers or motives: that is, of pains and pleasures; which, according as they are connected with such or such modes of conduct, operate, and are indeed the only things which can operate, as motives. pp.25.）边沁逐次考察了四种约束力：

（1）自然约束力：If it be in the present life, and from the ordinary coursed of nature, not purposely modified by the interposition of these will of any human being, nor by any extraordinary interposition of any superior invisible being, that the pleasure or the pain takes place or is expected, it may be said to issue from or to belong to the physical sanction. pp.25.

（2）政治约束力：If at the hands of a particular person or set of persons in the community, who under names correspondent to that of judge, are chosen for the particular purpose of dispensing it, according to the will of the sovereign or supreme ruling power in the state, it may be said to issue from the political sanction. pp.25.

（3）道德约束力或大众约束力：If at the hands of such chance persons in the community, as the party in question may happen in the course of his life to have concerns with, according to each man’s spontaneous disposition, and not according to any settled or concerted rule, it may be said to issue from the moral or popular sanction. pp.25.

（4）宗教约束力：If from the immediate hand of a superior invisible being, either in the present life, or in a future, it may be said to issue from the religious sanction. pp.25.

边沁进一步指出，来自自然约束力、政治约束力或道德约束力的快乐和痛苦被期望在现世被体验，来自宗教约束力的快乐和痛苦则被期望既在现世又在来世被体验（Pleasures or pains which may be expected to issue from the physical, political, or moral sanctions, must all of them be expected to be experienced, if ever, in the present life: those which may be expected to issue from the religious sanction, may be expected to be experienced either in the present life or in a future. pp.25.）四种约束力的关系，自然约束力是基础，可以独自起作用[Of these four sanctions the physical is altogether, we may observe, the ground-work of the political and the moral: so is it also of the religious, in as far as the latter bears relation to the present life. It is included in each of those other three. This may operate in any case, (that is, any of the pains or pleasures belonging to it may operate) independently of them: none of them can operate but by means of this. In a word, the powers of nature may operate of themselves; but neither the magistrate, nor men at large, can operate, nor is God in the case in question supposed to operate, but through the powers of nature. pp.27.]

第四章 如何估算快乐和痛苦的价值（Value of a Lot of Pleasure or Pain, How to be Measured）

边沁指出：快乐和避免痛苦是立法者考虑的目的，这要求他有必要理解它们的价值。快乐和痛苦是他不得不运用的工具，他必须理解它们的力量或价值（Pleasures then, and the avoidance of pains, are the ends that the legislator has in view; it behoves him therefore to understand their value. Pleasures and pains are the instruments he has to work with: it behoves him therefore to understand their force, which is again, in other words, their value. pp.29.）他为度量快乐和痛苦确立了七个标准：强度（intensity）、时长（duration）、确定性或不确定性（certainty or uncertainty）、远近（propinquity or remoteness）、是否可能带来更多幸福（fecundity）、是否可能伴随其他痛苦（purity）、涉及人数（extent）pp.30. 他进一步提出度量的程序。

第五章 快乐和痛苦的种类（Pleasures and Pains, Their Kinds）

痛苦和快乐或可总称为interesting perceptions，后者包括简单的和复合的，边沁进一步对快乐和痛苦予以分类。

第六章 影响感受性的状况（Of Circumstances Influencing Sensibility）

快乐与痛苦的量并非与原因完全相称，或并不与原因所发挥的效力相称（Pain and pleasure are produced in men’s minds by the action of certain causes. But the quantity of pleasure and pain runs not uniformly in proportion to the cause; in other words, to the quantity of force exerted by such cause. The truth of this observation rests not upon any metaphysical nicety in the import given to the terms cause, quantity, and force: it will be equally true in whatsoever manner such force be measured. pp.43.）边沁首先给感受性的度或量下定义：一个人在一项具有给定效力的原因作用下必然感觉到某一定量的快乐和痛苦的倾向，既可以是一般的也可以是殊别的。（The disposition which any one has to feel such or such a quantity of pleasure or pain, upon the application of a cause of given force, is what we term the degree or quantum of his sensibility. This may be either general referring to the sum of the causes that act upon him during a given period: or particular, referring to the action of any one particular cause, or sort of cause. pp.43.）感受性的品质或偏向：同样的心灵中这样那样痛苦或快乐的原因可能比其他诸如此类的痛苦或快乐更多的痛苦或快乐，且这种倾向在不同心灵中也有差别，任何人在为两种原因影响而有的比例不同于另一个人为两种同样的原因影响而有的比例的倾向可以被称为感受性的品质或偏向（The disposition which any one has to have the proportion in which he is affected by two such causes, different from that in which another man is affected by the same two causes, may be termed the quality or bias of his sensibility. pp.43.）刺激因，即作为原因起作用的事件，分为快乐的原因或痛苦的原因（Any incident which serves as a cause, either of pleasure or of pain, may be termed an exciting cause: if of pleasure, a pleasurable cause: if of pain, a painful, afflictive, or dolorific cause. pp.44.）所谓影响感受性的状况，指的是一个人在刺激因的施加下易于经验到的快乐或痛苦的量，并不仅仅取决于该原因，还在某种程度上取决于某个或某些别的状况（Now the quantity of pleasure, or of pain, which a man is liable to experience upon the application of an exciting cause, since they will not depend altogether upon that cause, will depend in some measure upon some other circumstance or circumstances: these circumstances, whatsoever they be, maybe termed circumstances influencing sensibility. pp.44.）边沁列出32种状况细目表：1. Health. 2. Strength. 3. Hardiness. 4. Bodily imperfection. 5. Quantity and quality of knowledge. 6. Strength of intellectual powers. 7. Firmness of mind. 8. Steadiness of mind. 9. Bent of inclination. 10. Moral sensibility. 11. Moral biases. 12. Religious sensibility. 13. Religious biases. 14. Sympathetic sensibility. 15. Sympathetic biases. 16. Antipathetic sensibility. 17. Antipathetic biases 18. Insanity. 19. Habitual occupations. 20. Pecuniary circumstances. 21. Connexions in the way of sympathy. 22. Connexions in the way of antipathy. 23. Radical frame of body. 24. Radical frame of mind. 25. Sex. 26. Age. 27. Rank. 28. Education. 29. Climate. 30. Lineage. 31. Government. 32. Religious profession. pp.44-45. 细目表中不同项目应用不同刺激因（different articles in this list of circumstances apply to different exciting causes pp.66.）状况可分为主要的和次要的（primary and secondary），进一步又有所细分。

第七章 一般的人类行动

【一般的人类行动】政府事务在于通过惩罚和奖赏促进社会幸福。一项行动越趋向于破坏幸福，相应地因其有害所引起的惩罚要求越大（The business of government is to promote the happiness of the society, by punishing and rewarding. That part of its business which consists in punishing, is more particularly the subject of penal law. In proportion as an act tends to disturb that happiness, in proportion as the tendency of it is pernicious, will be the demand it creates for punishment. What happiness consists of we have already seen: enjoyment of pleasures, security from pains. pp.70.）边沁指出，一项行动有害程度的一般趋向取决于后果的总和，也就是说取决于好的后果的总和与坏的后果的总和之差额（The general tendency of an act is more or less pernicious, according to the sum total of its consequences: that is, according to the difference between the sum of such as are good, and the sum of such as are evil. pp.70.）他进一步把要考虑的后果限定在实质性后果上，即在立法者的身份来看时由痛苦或快乐组成，或对痛苦或快乐的产生有影响的后果。（It is to be observed, that here, as well as henceforward, wherever consequences are spoken of, such only are meant as are material. Of the consequences of any act, the multitude and variety must needs be infinite: but such of them only as are material are worth regarding. Now among the consequences of an act, be they what they may, such only, by one who views them in the capacity of a legislator, can be said to be material (or of importance) as either consist of pain or pleasure, or have an influence in the production of pain or pleasure. pp..70.）边沁在material的注释部分补充“Or of importance”。紧接着，边沁提出应注意行动的后果还部分取决于意图；与行动后果有关的意图取决于：行动本身的意愿或意图，对行动相伴或像是相伴的环境的理解力或觉察力（意识到、未意识到和错误意识）（It is also to be observed, that into the account of the consequences of the act, are to be taken not such only as might have ensued, were intention out of the question, but such also as depend upon the connexion there may be between these first-mentioned consequences and the intention.…… Now the intention, with regard to the consequences of an act, will depend upon two things: 1. The state of the will or intention, with respect to the act itself. And, 2. The state of the understanding, or perceptive faculties, with regard to the circumstances which it is, or may appear to be, accompanied with. Now with respect to these circumstances, the perceptive faculty is susceptible of three states: consciousness, unconsciousness, and false consciousness. pp.71.）因此，在每一件为惩罚而被审议的具体事务中，需要考虑以下四个因素：（1）已完成的行动本身；（2）行动完成的环境；（3）可能相伴过的意图；（4）可能相伴过的意识、无意识或错误意识（In every transaction, therefore, which is examined with a view to punishment, there are four articles to be considered: 1. The act itself, which is done. 2. The circumstances in which it is done. 3. The intentionality that may have accompanied it. 4. The consciousness, unconsciousness, or false consciousness, that may have accompanied it. pp.71.）本章考察行动和环境，下一章则考察意图与意识。

【对行动的考察】行动的总取向还依赖两个因素：动机和意向（There are also two other articles on which the general tendency of an act depends: and on that, as well as on other accounts, the demand which it creates for punishment. These are, 1. The particular motive or motives which gave birth to it. 2. The general disposition which it indicates. pp.71-2.）边沁对行动予以分类：（1）积极的和消极的（positive and negative），后者又可分为绝对消极和相对消极（absolutely or relatively, pp.72.）；（2）外在的和内在的（external and internal），即身体行动和心理行动（corporal acts, acts of the body; mental acts, acts of the mind）边沁又把外在行动进一步区分为外及的和非外及的（transitive and intransitive pp.73.）（3）瞬时的和持续的（transient and continued）持续的行动区别于重复的行动（continued act and a repetition of acts pp.74.），行动的重复与习惯或习性有别（a repetition of acts, and a habit or practice pp..75.）（4）不可分的与可分的（indivisible and divisible pp.75.）（5）简单的和符合的（simple and complex pp.75.）两项行动首尾相叠时构成一项行动的是什么，已发生的究竟是一项还是多项行动？边沁举例并说明，人应意识到语言的模糊性（These examples are given, that men may be aware of the ambiguity of language: and neither harass themselves with unsolvable doubts, nor one another with interminable disputes. pp.76.）

【对环境的考察】环境可以是任何客体[Now the circumstances of an act, are, what? Any objects (or entities) whatsoever. Take any act whatsoever, there is nothing in the nature of things that excludes any imaginable object from being a circumstance to it. Any given object may be a circumstance to any other. pp.76-77.] 环境可分为有形的和无形的（material and immaterial.…… A circumstance may be said to be material, when it bears a visible relation in point of causality to the consequences: immaterial, when it bears no such visible relation. pp.77.）行动的后果是事件，环境可能以四种方式与一个事件的因果性有关：导致或产生；衍生；间接联系；并发性影响（The consequences of an act are events. A circumstance may be related to an event in point of causality in any be one of four ways: 1. In the way of causation or production. 2. In the way of derivation. 3. In the way of collateral condition. 4. In the way of conjunct influence. pp.77.）以白金汉公爵遇刺为例，并非每个事件都具备以所有四种方式与之关联的环境；环境的数量和种类取决于：事物本身的自然；碰巧考虑它们的那些人的能力的强弱（It appears therefore that the multitude and description of such of the circumstances belonging to an act, as may appear to be material, will be determined by two considerations: 1. By the nature of things themselves. 2. By the strength or weakness of the faculties of those who happen to consider them. pp.79-80.）定罪环境，可分为开脱罪责的环境或减罪环境，加罪环境。（These additional consequences, if they are of the beneficial kind, bestow, according to the value they bear in that capacity, upon the circumstances to which they owe their birth the appellation of exculpative or extenuative circumstances: if of the mischievous kind, they bestow on them the appellation of aggravative circumstances. pp.80.）证据环境，作为同罪过有实质性关系的证据的环境（evidentiary circumstances pp.81.）

第八章 意图（Of Intentionality）

意图或意愿可能涉及两类客体：行动本身；行动的后果，分为有意的和无意的（the intention or will may regard either of two objects: 1. The act itself: or, 2. Its consequences. Of these objects, that which the intention regards may be styled intentional. If it regards the act, then the act may be said to be intentional: if the consequences, so also then may the consequences. If it regards both the act and consequences, the whole action may be said to be intentional. Whichever of those articles is not the object of the intention, may of course be said to be unintentional. pp.82.）在边沁看来，应摈弃意图好坏，它极为含混不清，其效果可用后果代替，其原因可被称为动机；后果好坏取决于环境，环境并不以意图为转移。（It is indeed of no small importance, when properly understood: but the import of it is to the last degree ambiguous and obscure. pp.87. …… Now the effects of an intention to do such or such an act, are the same objects which we have been speaking of under the appellation of its consequences: and the causes of intention are called motives. …… But the goodness or badness of the consequences depend upon the circumstances. Now the circumstances are no objects of the intention. pp.88.）

第九章 意识（Of Consciousness）

理解力或洞察力的作用。边沁区分了经过考虑的行动和未经考虑的行动（采用时殷弘译本的翻译）。【141】（A certain act has been done, and that intentionally: that act was attended with certain circumstances: upon these circumstances depended certain of its consequences; and amongst the rest, all those which were of a nature purely physical. Now then, take any one of these circumstances, it is plain, that a man, at the time of doing the act from whence such consequences ensued, may have been either conscious, with respect to this circumstance, or unconscious. In other words, he may either have been aware of the circumstance, or not aware: it may either have been present to his mind, or not present. In the first case, the act may be said to have been an advised act, with respect to that circumstance: in the other case, an unadvised one. pp.89.）两个方面：环境本身的存在；其实质性（There are two points, with regard to which an act may have been advised or unadvised: 1. The existence of the circumstance itself. 2. The materiality of it. pp.89.）根据行动的时间，这样的环境可以是现在、过去和未来的（It is manifest, that with reference to the time of the act, such circumstance may have been either present, past, or future. pp.89.）考虑错误的（Whether a man did or did not suppose the existence or materiality of a given circumstance, it may be that he did suppose the existence and materiality of some circumstance, which either did not exist, or which, though existing, was not material. In such case the act may be said to be mis-advised, with respect to such imagined circumstance: and it maybe said, that there has been an erroneous supposition, or a mis-supposal in the case. pp.90.）这种想象的环境也可以存在于现在、过去和未来（It is manifest that, with reference to the time of the act, such imaginary circumstance may in either case have been supposed either to be present, past, or future. pp.90.）意图与意识的关系。

第十章 动机（Of Motives）

【动机的不同含义】行动根据产生它的动机的自然（the nature of the motive）具有不同的特征。边沁关心的并非推测性的动机（Motives, which are not of a nature to influence any other acts than those, may be styled purely speculative motives, or motives resting in speculation. pp.97.）而是实践性的动机，亦即应用于实践的动机（The motives with which alone we have any concern are such as are of a nature to act upon the will. By a motive then, in this sense of the word, ls to be understood any thing whatsoever, which, by influencing the will of a sensitive being, is supposed to serve as a means of determining him to act, or voluntarily to forbear to act, upon any occasion. Motives of this sort, in contradistinction to the former, may be styled practical motives, or motives applying to practice. pp.98.）边沁区分了动机的象征性意义和非象征性意义，区别在于虚构的和实际存在的（On some occasions it is employed to denote any of those really existing incidents from whence the act in question is supposed to take its rise. The sense it bears on these occasions may be styled its literal or unfigurative sense. On other occasions it is employed to denote a certain fictitious entity, a passion, an affection of the mind, an ideal being which upon the happening of any such incident is considered as operating upon the mind, and prompting it to take that course, towards which it is impelled by the influence of such incident. Motives of this class are Avarice, Indolence, Benevolence, and so forth; as we shall see more particularly farther on. This latter may be styled the figurative sense of the term motive. pp.98-99.）区分内在动机和外在动机（interior or internal; exterior or external. pp.99.）；预期的动机和“在是”的动机（Now, as it is in all cases difficult, and in most cases unnecessary, to distinguish between objects so intimately connected, as the posterior possible object which is thug looked forward to, and the present existing object or event which takes place upon a man’s looking forward to the other, they are both of them spoken of under the same appellation, motive. To distinguish them, the one first mentioned may be termed a motive in prospect, the other a motive in esse: and under each of these denominations will come as well exterior as internal motives. pp.99-100.）动机对意愿的影响。

【没有一直好或一直坏的动机】整个动机链中最主要或最初的一环是预期的内在动机，它总是某种快乐或痛苦。一个动机实质上就是以某种方式起作用的快乐或痛苦（A motive is substantially nothing more than pleasure or pain, operating in a certain manner. pp.102.）在边沁看来，快乐本身是一种善，痛苦本身是一种恶；没有一种动机本身是坏的（pleasure is in itself a good: nay, even setting aside immunity from pain, the only good: pain is in itself an evil; and, indeed, without exception, the only evil; or else the words good and evil have no meaning. And this is alike true of every sort of pain, and of every sort of pleasure. It follows, therefore, immediately and incontestibly, that there is no such thing as any sort of motive that is in itself a bad one. pp.102.）他在注释部分解释道：不良的动机也是一种快乐，这种快乐就其本身而言是善好的，在产生任何坏的后果前与其他快乐一样好（Let a man’s motive be ill-will; call it even malice, envy, cruelty; it is still a kind of pleasure that is his motive: the pleasure he takes at the thought of the pain which he sees, or expects to see, his adversary undergo. Now even this wretched pleasure, taken by itself, is good: it may be faint; it may be short: it must at any rate be impure: yet while it lasts, and before any bad consequences arrive, it is as good as any other that is not more intense. pp.102.）边沁认为用好的或坏的表述动机并不准确；动机本身既非痛苦亦非快乐，是好是坏取决于其效果（It is common, however, to speak of actions as proceeding from good or bad motives: in which case the motives meant are such as are internal. The expression is far from being an accurate one; pp.102. …… With respect to goodness and badness, as it is with very thing else that is not itself either pain or pleasure, so is it with motives. If they are good or bad, it is only on account of their effects: good, on account of their tendency to produce pleasure, or avert pain: bad, on account of their tendency to produce pain, or avert pleasure. Now the case is, that from one and the same motive, and from every kind of motive, may proceed actions that are good, others that are bad, and others that are indifferent. pp.102-3.）语言中的结构反常性，因此边沁提出摈弃旧的措辞而发明新的（to lay aside the old phraseology and invent a new one pp.104.）

【动机的目录、先后次序和冲突】边沁提出与诸快乐和痛苦对应的动机目录。根据动机之效果才能说它是好是坏（It appears then that there is no such thing as any sort of motive which is a bead one in itself: nor, consequently, any such thing as a sort of motive, which in itself is exclusively a good one. And as to their effects, it appears too that these are sometimes bad, at other times either indifferent or good: and this appears to be the case with every sort of motive. If any sort of motive then is either good or bad on the score of its effects, this is the case only on individual occasions, and with individual motives; and this is the case with one sort of motive as well as with another. If any sort of motive then can, in consideration of its effects, be termed with any propriety a bad one, it can only be with reference to the balance of all the effects it may have had of both kinds within a given period, that is, of its most usual tendency. pp.118.）淫欲、残忍和贪婪等是坏的动机？表示”事”是错误的，表示”名”虽正确但无价值（applied to the thing, they are false; applied to the name, they are true indeed, but nugatory. pp.119.）动机好坏只能根据它在每个殊别的例子中的效果而定（The only way, it should seem, in which a motive can with safety and propriety be styled good or bad, is with reference to its effects in each individual instance; and principally from the intention it gives birth to: from which arise, as will be shown hereafter, the most material part of its effects. pp.120.）根据对共同体其他成员利益的影响，边沁把利益分为三类：社会的（social）、反社会的（dissocial）和自我关涉的（self-regarding）；社会的动机可分为纯社会的（purely-social）和半社会的（semi-social）。（In the social class may be reckoned, 1. Good-will. 2. Love of reputation. 3. Desire of amity. 4. Religion. In the dissocial may be placed, 5. Displeasure. In the self-regarding class, 6. Physical desire. 7. Pecuniary interest. 8. Love of power. 9. Self-preservation; as including the fear of the pains of the senses, the love of ease, and the love of life. pp.120-1.）根据对功利原理的符合，诸动机可排列如下：善意（good-will）、爱名（the love of reputation）、要求和睦（desire of amity）、宗教（religion）。动机间的冲突问题。

第十一章 论人类的一般性情（Human Dispositions in General）

【性情及其好坏】性情是一种虚构，目的是表示人的心智结构中长久存在的，在这样那样的情况下会受这样那样的动机影响，从而采取某种总有这样或那样倾向的行动。（Now disposition is a kind of fictitious entity, feigned for the convenience of discourse, in order to express what there is supposed to be permanent in a man’s frame of mind, where, on such or such an occasion, he has been influenced by sued or such a motive, to engage in an act, which, as it appeared to him, was of such or such a tendency. pp.131.）性情是好是坏取决于效果，包括对他自身幸福和对他人幸福的影响（It is with disposition as with every thing else: it will be good or bad according to its effects: according to the effects it has in augmenting or diminishing the happiness of the community. A man’s disposition may accordingly be considered in two points of view: according to the influence it has, either, 1. on his own happiness: or, 2. on the happiness of others. Viewed in both these lights together, or in either of them indiscriminately, it may be termed, on the one hand, good; on the other, bad; or, in flagrant cases, depraved. pp.131-2.）边沁解释了何谓有害的性情，何谓有益的倾向：一个人在无论何种动机的影响下，被假定更容易采取或形成意图采取似乎有有害倾向的行动，就称他的性情是有害的，反之则是有益的性情。（A man then is said to be of a mischievous disposition, when, by the influence of no matter what motives, he is presumed to be more apt to engage, or form intentions of engaging, in acts which are apparently of a pernicious tendency, than in such as are apparently of a beneficial tendency: of a meritorious or beneficent disposition in the opposite case. pp.132.）

（1）之所以假定，是因为是由经验推断的连贯性和一致性。I say presumed: for, by the supposition, all that appears is one single action, attended with one single train of circumstances: but from that degree of consistency and uniformity which experience has shown to be observable in the different actions of the same person, the probable existence (past or future) of a number of acts of a similar nature, is naturally and justly inferred from the observation of one single one. Under such circumstances, such as the motive proves to be in one instance, such is the disposition to be presumed to be in others. pp.132.

（2）之所以说似乎，I say apparently mischievous: that is, apparently with regard to him: such as to him appear to possess that tendency: for from the mere event, independent of what to him it appears beforehand likely to be, nothing can be inferred on either side. If to him it appears likely to be mischievous, in such case, though in the upshot it should prove innocent, or even beneficial, it makes no difference; there is not the less reason for presuming his disposition to be a bad one: if to him it appears likely to be beneficial or innocent, in such case, though in the upshot it should prove pernicious, there is not the more reason on that account for presuming his disposition to be a good one. pp.132-3.

这些看法的正确取决于：① 意图和后果之间的对应关系（in the ordinary course of things the consequences of actions commonly turn out conformable to intentions. pp.133.）② 同一个人在不同场合意图的对应关系（a man who entertains intentions of doing mischief at one time is apt to entertain the like intentions at another. pp.133.）

【如何推断性情的好坏】性情的自然依赖于两种环境：① 行动的似乎倾向；② 产生它的动机之自然（There are two circumstances upon which the nature of the disposition, as indicated by any act, is liable to depend: 1. The apparent tendency of the act: 2. The nature of the motive which gave birth to it. pp.133-4.）

（1）行动的倾向是好的，动机是自我关涉的，无法推断出性情有害或有益（Where the tendency of the act is good, and the motive is of the self-regarding kind. In this case the motive affords no inference on either side. It affords no indication of a good disposition: but neither does it afford any indication of a bad one. pp.134.）面包师把面包卖给饿汉为例。

（2）行动的倾向是坏的，动机是自我关涉的，这种情况下性情是有害的（Where the tendency of the act is bad, and the motive, as before, is of the self-regarding kind. In this case the disposition indicated is a mischievous one. pp.134.）如从面包店偷面包为例。

（3）行动的倾向是好的，动机是纯社会的善意，这种情况下性情是有益的（Where the tendency of the act is good, and the motive is the purely social one of good-will. In this case the disposition indicated is a beneficent one. pp.134.）面包师把面包送给穷人。

（4）行动的倾向是坏的，动机是纯社会的善意，这种情况下性情是拿不准的（Where the tendency of the act is bad, and the motive is the purely social one of good-will. Even in this case the disposition which the motive indicates is dubious: it may be a mischievous or a meritorious one, as it happens; according as the mischievousness of the act is more or less apparent. pp.135.）引入广义和狭义的仁慈，如因子女饥饿而偷面包分给孩子，又如拉瓦雅克之子帮助父亲逃脱，或给他毒药自杀来免于酷刑折磨。

（5）行动的倾向是好的，动机是半社会的爱名，这种情况下性情是好的（Where the tendency of the act is good, and the motive is a semi-social one, the love of reputation. In this case the disposition indicated is a good one. pp.136.）如面包师为求名而把面包无偿分给穷人。[1]

（6）行动的倾向是坏的，动机是半社会的爱名，这种情况下性情是程度不同的好或坏，后者首先取决于行动的倾向在多大程度上有害，其次是在相关社会中的道德约束力多大程度上与功利一致（Where the tendency of the act is bad, and the motive, as before, is a semi-social one, the love of reputation. In this case, the disposition which it indicates is more or less good or bad: in the first place, according as the tendency of the act is more or less mischievous: in the next place according as the dictates of the moral sanction, in the society in question, approach more or less to a coincidence with those of utility. pp.137.）与文明程度有关，如某印第安部落的人对另一个部落伤害过自己部落的人残忍复仇，在比印第安人文明程度高的民族中不被认为是好的。又如贵族优先还贵族而不是穷工匠借款的例子。

（7）行动的倾向是好的，动机是半社会的宗教，这种情况下性情是好的。Where the tendency of the act is good, and the motive is the semi-social one of religion. In this case, the disposition indicated by it (considered with respect to the influence of it on the man’s conduct towards others) is manifestly a beneficent and meritorious one. pp.138. 如面包师为了得到上帝的喜爱而把面包无偿分给穷人。

（8）行动的倾向是坏的，动机是宗教，这种情况下性情拿不准，首先取决于行动的倾向在多大程度上是有害的，其次取决于宗教教义多大程度上与功利的规定一致（Where the tendency of the act is bad, and the motive is that of religion, as before. In this case the disposition is dubious. It is good or bad, and more or less good or bad, in the first place, as the tendency of the act is more or less mischievous; in the next place, according as the religious tenets of the person in question approach more or less to a coincidence with the dictates of utility. pp.138-9.）

（9）行动的倾向是好的，动机是反社会的恶意，这种情况下动机既不表示好的性情也不表示坏的性情（Where the tendency of the act is good, and the motive (as before) is the dissocial one of ill-will. In this case the motive seems not to afford any indication on either side. It is no indication of a good disposition; but neither is it any indication of a bad one. pp.140.）如因为跟面包师吵架而告发他欺骗顾客。

（10）行动的倾向是坏的，动机是反社会的恶意，这种情况下性情是坏的。（Where the tendency of the act is bad, and the motive is the dissocial one of malevolence. In this case these disposition it indicates is of course a mischievous one. pp.141.）如为了让面包师穷困而偷了面包。

【行动所显示的性情堕落】边沁指出对善良的行动和性情并没有直接的关切，刑法关注的是在行动有害时衡量性情堕落的程度。（Now with meritorious acts and dispositions we have no direct concern in the present work. All that penal law is concerned to do, is to measure the depravity of the disposition where the act is mischievous. To this object, therefore, we shall here confine ourselves. pp.142.）性情是意图的总和（his disposition is, as it were, the sum of his intentions: the disposition he is of during a certain period, the sum or result of his intentions during that period pp.142.）意图的原因是动机（intentions, like every thing else, are produced by the things that are their causes: and the causes of intentions are motives. If, on any occasion, a man forms either a good or a bad intention, it must be by the influence of some motive. pp.142.）动机分为：诱使性或腐败性动机；监护性、保护性或保存性动机（When the act, which a motive prompts a man to engage in, is of a mischievous nature, it may, for distinction’s sake, be termed a seducing or corrupting motive: in which case also any motive which, in opposition to the former, acts in the character of a restraining motive, may be styled a tutelary, preservatory, or preserving motive. pp.142.）监护性动机又可分为常在的和偶然的，边沁给出了更为详细的讨论后，转入诱惑力概念，“诱惑力的强弱取决于诱使性动机之作用力与当时环境引起的偶然监护性动机之作用力两者间的比例。”常在的监护性动机即社会动机，“（the strength of the temptation depends upon the ratio between the force of the seducing motives on the one hand, and such of the occasional tutelary ones, as the circumstances of the case call forth into action, on the other. pp.147.）在任何场合，诱惑力在减去社会动机的作用力之后，便是诱使性动机的合力同偶然监护性动机的合力两者之间的比例。”【196】（the strength of the temptation, in any case, after deducting the force of the social motives, is as the sum of the forces of the seducing, to the sum of the forces of the occasional tutelary motives. pp.149.）据此，边沁进一步提出衡量性情堕落的定律：① 给定诱惑力的强度，性情的有害性由行动显现的有害性表明（The strength of the temptation being given, the mischievousness of the disposition manifested by the enterprise, is as. the apparent mischievousness of the act. pp.149.）② 给定行动显现的有害性，一个人的性情越堕落，他克服的诱惑力越轻（The apparent mischievousness of the act being given, a man’s disposition is the more depraved, the slighter the temptation is by which he has been overcome. pp.149.）③ 给定行动显现的有害性，提供的一个人性情堕落的证据越不确切，他克服的诱惑力越强（The apparent mischievousness of the act being given, the evidence which it affords of the depravity of a man’s disposition is the less conclusive, the stronger the temptation is by which he has been overcome. pp.149.）④ 假定动机是反社会的类型，给定行动显然的有害性和诱惑力的强度，堕落程度相当于相伴随的故意程度（Where the motive is of the dissocial kind, the apparent mischievousness of the act, and the strength of the temptation, being given, the depravity is as the degree of deliberation with which it is accompanied. pp.150.）

第十二章 有害行动的后果（Of the Consequences of a Mischievous Act）

后果是整个因果链的终端，是全链的实质所在。【201】（consequences or tendency: an article which forms the concluding link in all this chain of causes and effects, involving in it the materiality of the whole. pp.152.）一项行动的有害性是其后果有害性的总数（The tendency of an act is mischievous when the consequences of it are mischievous; that is to say, either the certain consequences or the probable. The consequences, how many and whatsoever they may be, of an act, of which the tendency is mischievous, may, such of them as are mischievous, be conceived to constitute one aggregate body, which may be termed the mischief of the act. pp.152.）边沁把损害（mischief）分为主要损害和次要损害：

（1）首要损害：That share may be termed the primary, which it sustained by an assignable individual, or a multitude of assignable individuals. pp.153. 主要损害又可分为原生的和派生的：The primary mischief of an act may again be distinguished into two branches: 1. The original: and, 2. The derivative. By the original branch, I mean that which alights upon and is confined to any person who is a sufferer in the first instance, and on his own account: the person, for instance, who is beaten, robbed, or murdered. By the derivative branch, I mean any share of mischief which may befall any other assignable persons in consequence of his being a sufferer, and no otherwise. These persons must, of course, be persons who in some way or other are connected with him. pp.153. 人相互关联的两种方式：利益或同情。对主要损害的进一步讨论（pp.159.），并以醉酒和漏税两个例子说明。

（2）次要损害：That share may be termed the secondary, which, taking its origin from the former, extends itself either over the whole community, or over some other multitude of unassignable individuals. pp.153. 由痛苦和危险组成，痛苦是忧惧的痛苦或称为惊恐，危险是指风险（The secondary mischief, again, may frequently be seen to consist of two other shares or parcels: the first consisting of pain; the other of danger. The pain which it produces is a pain of apprehension: a pain grounded on the apprehension of suffering such mischiefs or inconveniences, whatever they may be, as it is the nature of the primary mischief to produce. It may be styled, in one word, the alarm. The danger is the chance, whatever it may be, which the multitude it concerns may in consequence of the primary mischief stand exposed to, of suffering such mischiefs or inconveniences. For danger is nothing but the chance of pain, or, what comes to the same thing, of loss of pleasure. pp.153.）以抢劫为例，特别强调不能把惊恐和危险混为一谈（The two branches of the secondary mischief of an act, the alarm and the danger, must not be confounded: though intimately connected, they are perfectly distinct: either may subsist without the other. pp.157.）考察意图、意识、动机和性情四个环境如何影响次要损害（pp.163-169）。

第十三章 不适合惩罚的情况（Cases Unmeet for Punishment）

法律的一般目的是或应该是增进共同体的总体幸福，因此必须排除损害（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. pp.170.）但惩罚本身是损害，本身是恶，根据功利原理，其被允许是因为有可能排除某种更大的恶（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. pp.170.）边沁提出不应当施加惩罚的四种情况：

（1）无根据（Where it is groundless: where there is no mischief for it to prevent; the act not being mischievous upon the whole. pp.171.）分为三种情况：① 没有损害（Where there has never been any mischief: where no mischief has been produced to any body by the act in question. pp.171.）② 害不及利【219】（Where the mischief was outweighed: although a mischief was produced by that act, yet the same act was necessary to the production of a benefit which was of greater value than the mischief. pp.172.）③ 有适当补偿（Where there is a certainty of an adequate compensation: and that in all cases where the offense can be committed. This supposes two things: 1. That the offence is such as admits of an adequate compensation: 2. That such a compensation is sure to be forthcoming. pp.172.）

（2）无效（Where it must be inefficacious: where it cannot act so as to prevent the mischief. pp.171.）分为六种情况：① 刑事法规在行动实施前未确立（Where the penal provision is not established until after the act is done. pp.172-3.）② 刑事法规虽确立但未传达到（Where the penal provision, though established, is not conveyed to the notice of the person on whom it seems intended that it should operate. pp.173.）③ 刑事法规虽传达但不能产生任何影响，包括幼儿期（infancy）、精神失常（insanity）以及喝醉（intoxication）（Where the penal provision, though it were conveyed to a man’s notice, could produce no effect on him, with respect to the preventing him from engaging in any act of the sort in question. pp.173.）④ 个别行动（individual act）行为者不知道此行动属于刑法规定所涉及的行动，包括无意图（unintentionality）、无意识（unconsciousness）和误知（missupposal）⑤ 相反原因有显著影响（predominant influence），包括自然危险（physical danger）和有被损害之威胁（a threatened mischief）⑥ 身体官能被强制或束缚而导致行动非自愿（pp.175.）

（3）无利可图或代价过高（Where it is unprofitable, or too expensive: where the mischief it would produce would be greater than what it prevented. pp.171.）包括：① 惩罚造成的痛苦大于罪行造成的痛苦（Where, on the one hand, the nature of the offense, on the other hand, that of the punishment, are, in the ordinary state of things, such, that when compared together, the evil of the latter will turn out to be greater than that of the former. pp.175.）把惩罚造成的痛苦分为四类。② 偶然环境影响下惩罚的痛苦超过罪行的痛苦，包括犯罪者过多、犯罪者提供的服务又特别价值、人民的不满和外国的不满（Where, although in the ordinary state of things, the evil resulting from the punishment is not greater than the benefit which is likely to result from the force with which it operates, during the same space of time, towards the excluding the evil of the offenses, yet it may have been rendered so by the influence of some occasional circumstances. pp.176.）

（4）无必要（Where it is needless: where the mischief may be prevented, or cease of itself, without it: that is, at a cheaper rate. pp.171.）用较小代价就能有效达到防止犯罪的目的，如依靠教育（Where the purpose of putting an end to the practice may be attained as effectually at a cheaper rate: by instruction, is for instance, as well as by terror: by informing the understanding, as well as by exercising an immediate influence on the will. pp.177.）

第十四章 惩罚与罪行之间的比例（Of the Proportion between Punishments and Offences）

根据惩罚的四个目的，边沁提出惩罚与罪行的规则（Subservient to these four objects, or purposes, must be the rules or canons by which the proportion of punishments to offenses is to be governed. pp.178-179.）

（1）阻止罪行（His first, most extensive, and most eligible object, is to prevent, in as far as it is possible, and worth while, all sorts of offenses whatsoever: in other words, so to manage, that no offense whatsoever may be committed. pp.178.）因此，规则一：惩罚的价值在任何情况下都必须超过罪行的收益（The value of the punishment must not less in any case than what is sufficient to outweigh that of the profit of the offense. pp.179.）规则二：罪行的损害越大，惩罚的代价越高（The greater the mischief of the offense, the greater is the expense which it may be worth while to be at, in the way of punishment. pp.181.）

（2）引导犯更少损害而非更大损害的罪行（But if a man must needs commit an offense of some kind or other, the next object is to induce him to commit an offense less mischievous, rather than one more mischievous: in other words, to choose always the least mischievous, of two offenses that will either of them suit his purpose. pp.178.）规则三：两罪竞争必须引导去犯损害较轻的罪（Where two offences come in competition, the punishment for the greater offence must be sufficient to induce a man to prefer the less. pp.181.）

（3）减少损害（When a man has resolved upon a particular offense, the next object is to dispose him to do no more mischief than is necessary to his purpose: in other words, to do as little mischief as is consistent with the benefit he has in view. pp.178.）规则四：每份损害皆须惩罚。（The punishment should be adjusted in such manner to each particular offence, that for every part of the mischief there may be a motive to restrain the offender frown giving birth to it. pp.181.）

（4）以最小代价阻止（The last object is, whatever the mischief be, which it is proposed to prevent, to prevent it at as cheap a rate as possible. pp.178.）规则五：没有特殊原因不应当加重惩罚（The punishment ought in no case to be more than what is necessary to bring it into conformity with the rules here given. pp.182.）

以上五项规则用作立法者的指南，规则六主要意在指导法官符合立法者意图，其内容是注意感受性的状况（That the quantity actually indicted on each individual offender nay correspond to the quantity intended for similar offenders in general, the several circumstances influencing sensibility ought always to be taken into account. …… The five first are calculated to serve as guides to the legislator: the sixth is calculated in some measure, indeed, to the same purpose; but principally for guiding the judge in his endeavors to conform, on both sides, to the intentions of the legislator. pp.182.）使用“价值”（value）而非“数量”（quantity），确定性、轻重、邻近性等问题，补充如下规则：

规则七：确定性不足由加重惩罚弥补（To enable the value of the punishment to outweigh that of the profit of the offense, it must be increased, in point of magnitude, in proportion as it falls short in point of certainty. pp.184.）

规则八：邻近性不足由加重惩罚弥补（Punishment must be further increased in point of magnitude, in proportion as it falls short in point of proximity. pp.184.）

规则九：加重惩罚习惯（Where the act is conclusively indicative of a habit, such an increase must be given to the punishment as may enable it to outweigh the profit not only of the individual offence, but of such other like offenses as are likely to have been committed with impunity by the same offender. pp.184.）

规则十：因质增加量（When a punishment, which in point of quality is particularly well calculated to answer its intention cannot exist in less than a certain quantity, it may sometimes be of use, for the sake of employing it, to stretch a little beyond that quantity which, on other accounts, would be strictly necessary. pp.184.）

规则十一：契合道德教诲的目的有时特别有用（n particular, this may sometimes be the case, where the punishment proposed is of such a nature as to be particularly well calculated to answer the purpose of a moral lesson. pp.184-5.）

规则十二：注意使惩罚变得无利可图的环境（In adjusting the quantum of punishment, the circumstances; by which all punishment may be rendered unprofitable, ought to be attended to. pp.185.）

规则十三：小得不成比例的罪行应忽略（Among provisions designed to perfect the proportion between punishments and offences, if any occur, which, by their own particular good effects, would not make up for the harm they would do by adding to the intricacy of the Code, they should be omitted. pp.185.）

最后概述惩罚与罪行比例时考虑到若干情况，包括罪行、惩罚、犯罪者、公共、法律等方面。边沁为自己的工作辩护，强调人计算（Men calculate, some with less exactness, indeed, some with more: but all men calculate. pp.188.）

第十五章 惩罚所须给定的特性（Of the Properties to be Given to a Lot of Punishment）

惩罚特性依照“质将由量调节”规则。边沁提出如下特性：

（1）可变性（variability）：The first property, therefore, that ought to be given to a lot of punishment, is that of being variable in point of quantity, in conformity to every variation which can take place in either the profit or mischief of the offense. This property might, perhaps, be termed, in a single word, variability. pp.190.

（2）稳定性（equability）：One, in establishing a proportion, between more offences than one, and more punishments than one; viz., pp.202. the pain which is produced by any mode of punishment, will be the joint effect of the punishment which is applied to him, and the circumstances in which he is exposed to it. pp.190. 流放、钱财性或半钱财性的惩罚不稳定。

（3）可公度性（commensurable）：为实现规则三，it must be evidently and uniformly greater: greater, not in the eyes of some men only, but of all men who are liable to be in a situation to take their choice between the two offenses; that is, in effect, of all mankind. In other words, the two punishments must be perfectly commensurable. Hence arises a third property, which may be termed commensurability: to wit, with reference to other punishments. pp.191.

（4）标记性（characteristicalness）：to be present, it must be remembered, and to be remembered it must have been learnt. But of all punishments that can be imagined, there are none of which the connection with the offense is either so easily learnt, or so efficaciously remembered, as those of which the idea is already in part associated with some part of the idea of the offense: which is the case when the one and the other have some circumstance that belongs to them in common. When this is the case with a punishment and an offense, the punishment is said to bear an analogy to, or to be characteristic of, the offence. pp.192.

（5）敬戒性（exemplarity）【240】：the effect of this contrivance will be the greater, as the analogy is the closer. The analogy will be the closer, the more material that circumstance is, which is in common. Now the most material circumstance that can belong to an offense and a punishment in common, is the hurt or damage which they produce. pp.192-3.

（6）节约性（frugality）：Punishment … is in itself an expense: it is in itself an evil. Accordingly the fifth rule of proportion is, not to produce more of it than what is demanded by the other rules. But this is the case as often as any particle of pain is produced, which contributes nothing to the effect proposed. Now if any mode of punishment is more apt than another to produce any such superfluous and needless pain, it may be styled unfrugal; if less, it may be styled frugal. pp.194. 完美的节约性存在于金钱惩罚中。

（7）有助于改过自新或改过自新的倾向（subserviency to reformation, or reforming tendency）。惩罚的四个目的：example , reformation, disablement, and compensation；A seventh property, therefore, to be wished for in a mode of punishment, is that of subserviency to reformation, or reforming tendency. pp.195.

（8）使丧失能力（disablement）：An eighth property to be given to a lot of punishment in certain cases, is that of efficacy with respect to disablement, or, as it might be styled more briefly, disabling efficacy. pp.196. 使丧失能力比改过自新确定性高，但容易与节约性抵触。在死刑的场合最为明显。

（9）有助于补偿（subserviency to compensation）：The ninth property is that of subserviency to compensation. This property of punishment, if it be vindictive compensation that is in view, will, with little variation, be in proportion to the quantity: if lucrative, it is the peculiar and characteristic property of pecuniary punishment. pp.197.

（10）大众性（popularity）或无众怨：By popularity is meant the property of being acceptable, or rather not unacceptable, to the bulk of the people, among whom it is proposed to be established. In strictness of speech, it should rather be called absence of unpopularity: for it cannot be expected, in regard to such a matter as punishment, that any species or lot of it should be positively acceptable and grateful to the people. pp.198. 边沁指出惩罚不得民心，民众不满，法律虚弱（pp.198）这一特性假定民众有偏见，立法者应努力纠正（This property, it is to be observed, necessarily supposes, on the part of the people, some prejudice or other, which it is the business of the legislator to endeavour to correct. pp.199.）

（11）可赦免性（remissibility）：The general presumption is, that when punishment is applied, punishment is needful: that it ought to be applied, and therefore cannot want to be remitted. But in very particular, and those always very deplorable cases, it may by accident happen otherwise. pp.199.

在边沁看来，惩罚必须是复合的（there is not any one of them that possesses all the above properties in perfection. To do the best that can be done in the way of punishment, it will therefore be necessary, upon most occasions, to compound them, and make them into complex lots, each consisting of a number of different modes of punishment put together: the nature and proportions of the constituent parts of each lot being different, according to the nature of the offence which it is de- signed to combat. pp.201.）最后重述诸特性。

第十六章 罪行的分类（Division of Offenses）

边沁指出必须区分“是或可能是罪行的行动”和“应当是罪行的行动”，根据功利原理，只有社会的利益要求定为罪行的行动才应当被定为罪行（make a distinction between such acts as are or may be, and such as ought to be offences. Any act may be an offence, which they whom the community of are in the habit of obeying shall be pleased to make one: that to is, any act which they shall be pleased to prohibit or to punish. But, upon the principle of utility, such acts alone ought to be made offences, as the good of the community requires should be made so. pp.204-5.）对社会有害的行动才应当是罪行（The good of the community cannot require, that any act should be made an offence, which is not liable. in some way or other, to be detrimetal to the community. For in the case of such an act, all punishment is groundless. pp.205.）对共同体成员有害即对社会有害（But if the whole assemblage of any number of individuals be considered as constituting an imaginary compound body, a community or political state; any act that is detrimental to any one or more of those members is, as to so much of its effects, detrimental to the state. … An act cannot be detrimental to a state, but by being detrimental to some one or more of the individuals that compose it. But these individuals may either be assignable or unassignable. pp.205.）二分法（bipartition）[2]边沁希望把一切可能的罪行总和而成为逻辑整体，提出五大类罪行：侵犯个人罪（offences against individuals）、半公共罪（semi-public offences）、不及物的或自我关涉的罪（intransitive offences or self-regarding）、公共罪或侵犯国家罪（public offences, or offences against the state）作为附类（appendix）的杂式罪（multiform or heterogeneous offences），并进一步细分，先是亚类和支类，再分解为种属，以求涵盖具体的罪行（The logical whole, constituted by the sum total of possible offences, has been bisected in as many different directions as were necessary, and the process in each direction carried down to that stage at which the particular ideas thus divided found names in current use in readiness to receive them. pp.298.），本方法的四个优点：便于理解和记忆、为形成一般命题提供余地、指出了法律的原因、可以同样适用于所有国家的法律【338-341】（a natural arrangement, governed as it is by a principle which is recognised by all men, will serve alike for the jurisprudence of all nations. pp.301-2.）五大罪过的特性（pp.302-308.）

第十七章 刑法的界限（Of the Limits of the Penal Branch of Jurisprudence）

【私人伦理与立法艺术的界限（Limits between Private Ethics and the Art of legislation）】立法艺术的两个分支：刑法与民法（pp.309.）；伦理是指导人们行为产生利益相关方的最大可能量的幸福的艺术（Ethics at large may be defined, the art of directing men’s actions to the production of the greatest possible quantity of happiness, on the part of those whose interest is in view. pp.310.）私人伦理是指导个人自身行动的艺术（What then are the actions which it can be in a man’s power to direct? They must be either his own actions, or those of other agents. Ethics, in as far as it is the art of directing a man’s own actions, may be styled the art of self-government, or private ethics. pp.310.）二者都以幸福为目的（Now private ethics has happiness for its end: and legislation can have no other. Private ethics concerns every member, that is, the happiness and the actions of every member, of any community that can be proposed; and legislation can concern no more. Thus far, then, private ethics and the art of legislation go hand in hand. The end they have, or ought to have, in view, is of the same nature. The persons whose happiness they ought to have in view, as also the persons whose conduct they ought to be occupied in directing, are precisely the same. The very acts they ought to be conversant about, are even in a great, measure the same. pp.313.）应当关注的行为虽很大程度上一样，但并非完全相同（Where then lies the difference? In that the acts which they ought to be conversant about, though in a great measure, are not perfectly and throughout the same.）边沁认为，私人伦理与立法适用范围的界限应由不适用于惩罚的情况来标明，包括惩罚无根据、无效果、无利可图和无必要四种。[Where then is the line to be drawn?—We shall not have far to seek for it. The business is to give an idea of the cases in which ethics ought, and in which legislation ought not (in a direct manner at least) to interfere. If legislation interferes in a direct manner, it must be by punishment. Now the cases in which punishment, meaning the punishment of the political sanction, ought not to be inflicted, have been already stated. 2. If then there be any of these cases in which, although legislation ought not, private ethics does or ought to interfere, these cases will serve to point out the limits between the two arts or branches of science. These cases. it may be remembered, are of four sorts: 1. Where punishment would be groundless. 2. Where it would be inefficacious. 3. Where it would be unprofitable. 4. Where it would be needless. pp.314.] 在进一步考察了四种情况后，又讨论了立法在多大程度上为一般伦理义务（慎重、正直和慈善）所必需。边沁总结道：“私人伦理教导的是每一个人如何可以依凭自发的动机，使自己倾向于按照最有利于自身幸福的方式行事，而立法艺术（它可被认为是法律科学的一个分支）教导的是组成一个共同体的人群如何可以依凭立法者提供的动机，被驱使来按照总体上说最有利于整个共同体幸福的方式行事。”【361】Private ethics teaches how each man may dispose himself to pursue the course most conducive to his own happiness, by means of such motives as offer of themselves: the art of legislation (which may be considered as one branch of the science of jurisprudence) teaches how a multitude of men, composing a community, may be disposed to pursue that course which upon the whole is the most conducive to the happiness of the whole community, by means of motives to be applied by the legislator. pp.323.

【法学及其门类】法学是一种虚构体，除非与某个能显示实体的词搭配，否则就无意义（Jurisprudence is a fictitious entity: nor can any meaning be found for the word, but by placing it in company with some word that shall be significative of a real entity. pp.323.）法学著作的两个目的：确定法律是什么；确定法律应当是什么，分别对应阐释性法学著作和审查性法学著作或立法艺术著作（A book of jurisprudence can have but one or the other of two objects: 1. To ascertain what the law is: 2. to ascertain what it ought to be. In the former case it may be styled a book of expository jurisprudence; in the latter, a book of censorial jurisprudence: or, in other words, a book on the art of legislation. pp.324.）阐释性法学著作分为权威的和非权威的（A book of expository jurisprudence, is either authoritative or unauthoritative. It is styled authoritative, when it is composed by him who, by representing the state of the law to be so and so, causeth it so to be; that is, of the legislator himself: unauthoritative, when it is the work of any other person at large. pp.324.）法律未被定义的情况下只是抽象的集合名词（Now law, or the law, taken indefinitely, is an abstract and collective term; which, when it means any thing, can mean neither more nor less than the sum total of a number of individual laws taken together. pp.324.）法学的门类：1. The extent of the laws in question in point of dominion. 2. The political quality of the persons whose conduct they undertake to regulate. 3. The time of their being in force. 4. The manner in which they are expressed. 5. The concern which they have with the article of punishment. pp.324-5. 末注部分进一步讨论了法律问题，如补充了对宪法的考察。【378】对独立宣言的评论。【380-1】

[1] 边沁在注释部分写道：The bulk of mankind, ever ready to depreciate the character of their neighbours, in order, indirectly, to exalt their own, will take occasion to refer a motive to the class of bad ones as often as they can find one still better, to which the act might have owed its birth. Conscious that his own motives are not of the best class, or persuaded that if they be, they will not be referred to that class by others; afraid of being taken for a dupe, and anxious to shou the reach of his penetration; each man takes care, in the first place, to impute the conduct of every other man to the least laudable of the motives that can account for it: in the next place, when he has gone as far that way as he can, and cannot drive down the individual motives to any lower class, he changes his battery, and attacks the very class itself. To the love of reputation he will accordingly give a bad name upon every occasion, calling it ostentation, vanity, or vain-glory. pp.136-7. 时殷弘译本翻译为：“绝大多数人为了间接地抬高自己，总是倾向于贬低邻人的品性。他们经常会乘机把一项可能引起行动的动机说成属于坏品类，就像他们经常地能找到更好的那样，人人都知道自己的动机非属绝佳，或者认为即使绝佳也不会被别人称为如此，而且都担心被看成傻瓜，渴望展示自己的洞察力。因此，人人首先都注意把其他人的行为归因于可用来说明的最不值得称赞的动机；其次，在已竭尽所能、无法把那个人的动机变得更低时，都会掉转矛头，抨击那类动机本身。因此，他会抓住每个机会，用恶名称呼名望欲，把它叫做出风头、浮夸或极度虚荣。” 【186-187】

[2] 关于二分法，边沁承认其不完美，并指出：“Gross ignorance descries no difficulties; imperfect knowledge finds them out, and struggles with them: it must be perfect knowledge that overcomes them.” pp.205. 关于附类，边沁指出：This class will appear, but too plainly, as a kind of cotch in comparison of the rest. But such is the fate of science, and more particularly of the moral branch; the distribution of things must in a great measure be dependent on their names: arrangement, the work of mature reflection, must be ruled by nomenclature, the work of popular caprice. pp.207.