W. ofS., Book IV, chap. vin; vol. II, p

125. C'est une morale d'affranchissement que Bentham enseigne lorsqu'il écrit (Mss. Univ. Coll. n* 98), sous le titre Ititrod. Addiiions Principles Adverse,,, : The object with the principle of ulility is to work up to the highest pitch possible for every (var. : each) man the mass of pleasure (var.: measure of enjoymenl), consequently each pleasure in proportion to the addition it makes to that mass, of which he and he only can be the judge. The object of a System of law built upon the principle of utility would consequently be the same. The object of the least irrational of the established Systems in Ihis particular is to differ from this mass on every occasion and as much as possible. l^rohibition and permission hâve been torn each from its bases and set down upon thaï of the other. Instead of a gênerai permission, the establishment of which requires noreason, with hère and there a prohibition taken out of it, grounded on spécial reasons, they hâve substituted a général prohibition, grounded on no rcason, softened only by a single permission, granted only and in so far as déniai was impossible. Prohibition backed by enraged and sanguinary laws : permission clogged and fettered as much as possible. — Mais v. d'autre part le passage caractéristique du Man. ofPol, Ec. (Bowring, vol. III, p. 34): « It would... be a gross error, and an exlremely mischievous one, lo refer to the défalcation thus resulting from the massof liberty or free agency, as affording a conclusive objection against the interposition of the law for this orany other purpose. Every law which does not consist in the repeal, total or partial, of a coercive law, is itself a coercive law. To reprobate as a mischief resulting from this or that law, a property which is of the very essence of ail law, is to betray a dcgree of blindncss and ignorance oneshould think hardly possible on the partof a mind accustomed to the contemplation of any branch of the System of laws — a total unacquaintance with what may be called the logic of the laws. — Yet so imperfect is the State of légal knowledge, — marks of this perfeelly surprising, aa

(Pp. 219-224) NOTES. 349

it w'ill one day be, as well as much to be lamcnted ignorance, are to be found among tbe most experienced pens, nol to mention the most loquacioiis tongues.

126. Bentbam, dans sa table des plaisirs, mentionne « the pleasures of skill, as exercised upon particular objccts », à savoir <c those which accompany the application ofsuch particular instruments of enjoyment to their uses, as cannot be so applied without a greater or less share of diOlculty or exertion», — et,dan3 sa tabledes peines, « the pain of exertion, whether bodily or mental : or the uneasy sensation which is apt to accompany any intense effort whether of mind or body ». (Introd.y chap. V, § iv, 3 ; §xxi,9 ; Bowring, vol. I, pp. 18-9). Mais il serait absurde de croire que, dans le travail considéré en général, les « plaisirs de Tadresse » puissent compenser la a peine de Teffort ».