The motives, of course, correspond to the various pleasures as previously enumerated. They may be classified as good, bad, or indifferent, according as their consequences are more commonly good, bad, or indifferent; but the dangers of such classification are obvious. In fact, we cannot affirm goodness, badness, or indifference of motive, except in the particular instance. A better classification is into the social—including goodwill, love of reputation, desire of amity, religion; dissocial—displeasure; self-regarding—physical desire, pecuniary interest, love of power, self-preservation.
Of all these, the dictates of goodwill are the surest of coinciding with utility, since utility corresponds precisely to the widest and best-advised goodwill. Even here, however, there may be failure, since benevolence towards one group may clash with benevolence towards another. Next stands love of reputation, which is less secure, since it may lead to asceticism and hypocrisy. Third comes the desire of amity, valuable as the sphere in which amity is sought is extended, but also liable to breed insincerity. Religion would stand first of all if we all had a correct perception of the divine goodness; but not when we conceive of God as malevolent or capricious; and, as a matter of fact, our conception of the Deity is controlled by our personal biases.
The self-regarding motives are, ex hypothesi, not so closely related to utility as the social motives, and the dissocial motives manifestly stand at the bottom of the scale. In respect to any particular action there may be a conflict of motives, some impelling towards it, others restraining from it; and any motive may come in conflict with any other motive. It will be found hereafter that in the case of some offences the motive is material in the highest degree, and in others wholly immaterial; in some cases easy, and in others impossible to gauge.
III.—The Principles of Punishment
Goodness or badness, then, cannot be predicated of the motive. What is good or bad in the man when actuated by one motive or another is his disposition, or permanent attitude of mind, which is good or bad as tending to produce effects beneficial to the community. It is to be considered in regard to its influence on (1) his own happiness; (2) other people's. The legislator is concerned with it so far as it is mischievous to others. A man is held to be of a mischievous disposition when it is presumed—for it is a mere presumption—that he inclines to acts which appear to him mischievous. Here it is that "intentionality" and "consciousness" come in.
Where the tendency of the act is good, and the motive is a social one, a good disposition is indicated; where the tendency is bad, and the motive is self-regarding, a bad disposition is indicated. Otherwise, the indication of good or bad disposition may be very dubious or non-existent; as may easily be seen by constructing examples. Now, our problem is to measure the depravity of a man's disposition, which may be defined as the sum of his intentions. The causes of intentions are motives. The social motives may be called tutelary, as tending to restrain from mischievous intentions; but any motive may become tutelary on occasion. Love of ease, and desire of self-preservation, in the form of fear of punishment, are apt to be tutelary motives.
Now we can see that the strength of a temptation equals the sum of the impelling motives, minus the sum of the tutelary motives. Hence, the more susceptible a man is to the standing tutelary motives, the less likely is he to yield to temptation; in other words, the less depraved is his disposition. Hence, given the strength of the temptation, the mischievousness of the disposition is as the apparent mischievousness of the act. Given the apparent mischievousness of the act, the less the temptation yielded to, the greater the depravity of disposition; but the stronger the temptation, the less conclusive is the evidence of depravity. It follows that the penalty should be increased—i.e., the fear of punishment should be artificially intensified, in proportion as, apart from that fear, the temptation is stronger.
We now come to consequences. The mischief of the act is the sum of its mischievous consequences, primary and secondary. The primary mischief subdivides into original, i.e., to the sufferer in the first instance; and derivative, to the definite persons who suffer as a direct consequence, whether through their interest, or merely through sympathy.
The secondary mischiefs, affecting not specific persons but the community, are actual danger, or alarm—the apprehension of pain. For the occurrence of the act points to the possibility of its repetition; weakening the influence both of the political and of the moral sanction. An act of which the primary consequences are mischievous may have secondary beneficial consequences, which altogether outweigh the primary mischief—e.g., the legal punishment of crime. The circumstances influencing the secondary mischiefs of alarm and danger are the intentionality, the consciousness, the motive, and the disposition; danger depending on the real, and alarm on the apparent, state of mind, though the real and the apparent coincide more commonly than not.
Between the completely intentional and completely unintentional act there are various stages, depending on the degree of consciousness, as explained above. The excellence of the motive does not obliterate the mischievousness of the act; nor vice versâ; but the mischief may be aggravated by a bad motive, as pointing to greater likelihood of repetition. This is less the case, however, when the motive is dissocial, such motives being generally less constant, as having reference to a particular, not a general, object; the religious motive, as being more constant, is more pernicious when it has a mischievous issue.