Principles of Morals and

150/Jeremy Bentham
case with a punishment and an offense, the punishment is said to bear an
analogy to, or to be characteristic of, the offence. Characteristicalness
is, therefore, a fourth property, which on this account ought to be given,
whenever it can conveniently be given, to a lot of punishment.
VIII. It is obvious, that 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. The closest anal-
ogy, therefore, that can subsist between an offense and the punishment
annexed to it, is that which subsists between them when the hurt or
damage they produce is of the same nature: in other words, that which is
constituted by the circumstance of identity in point of damage. Accord-
ingly, the mode of punishment, which of all others bears the closest
analogy to the offense, is that which in the proper and exact sense of the
word is termed retaliation. Retaliation, therefore, in the few cases in
which it is practicable, and not too expensive, will have one great ad-
vantage over every other mode of punishment.
IX. Again: It is the idea only of the punishment (or, in other words,
the apparent punishment) that really acts upon the mind; the punish-
ment itself (the real punishment) acts not any farther than as giving rise
to that idea. It is the apparent punishment, therefore, that does all the
service, I mean in the way of example, which is the principal object. It is
the real punishment that does all the mischief. Now the ordinary and
obvious way of increasing the magnitude of the apparent punishment, is
by increasing the magnitude of the real. The apparent magnitude, how-
ever, may to a certain degree be increased by other less expensive means:
whenever, therefore, at the same time that these less expensive means
would have answered that purpose, an additional real punishment is
employed, this additional real punishment is needless. As to these less
expensive means, they consist, 1. In the choice of a particular mode of
punishment, a punishment of a particular quality, independent of the
quantity. 2. In a particular set of solemnities distinct from the punish-
ment itself, and accompanying the execution of it.
X. A mode of punishment, according as the appearance of it bears a
greater proportion to the reality, may be said to be the more exemplary.
Now as to what concerns the choice of the punishment itself, there is not
any means by which a given quantity of punishment can be rendered
more exemplary, than by choosing it of such a sort as shall bear an

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Principles of Morals and Legislation/151
analogy to the offense. Hence another reason for rendering the punish-
ment analogous to, or in other words characteristic of, the offense.
XI. Punishment, it is still to be remembered, 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. Frugality, there-
fore, is a sixth property to be wished for in a mode of punishment.
XII. The perfection of frugality, in a mode of punishment, is where
not only no superfluous pain is produced on the part of the person pun-
ished, but even that same operation, by which he is subjected to pain, is
made to answer the purpose of producing pleasure on the part of some
other person. Understand a profit or stock of pleasure of the self-regard-
ing kind: for a pleasure of the dissocial kind is produced almost of course,
on the part of all persons in whose breasts the offence has excited the
sentiment of ill-will. Now this is the case with pecuniary punishment, as
also with such punishments of the quasi-pecuniary kind as consist in
the subtraction of such a species of possession as is transferable from
one party to another. The pleasure, indeed, produced by such an opera-
tion, is not in general equal to the pain: it may, however, be so in par-
ticular circumstances, as where he, from whom the thing is taken, is
very rich, and he, to whom it is given, very poor: and, be it what it will,
it is always so much more than can be produced by any other mode of
punishment.
XIII. The properties of exemplarity and frugality seem to pursue
the same immediate end, though by different courses. Both are occupied
in diminishing the ratio of the real suffering to the apparent: but exem-
plarity tends to increase the apparent; frugality to reduce the real.
XIV. Thus much concerning the properties to be given to punish-
ments in general, to whatsoever offenses they are to be applied. Those
which follow are of less importance, either as referring only to certain
offenses in particular, or depending upon the influence of transitory and
local circumstances.
In the first place, the four distinct ends into which the main and
general end of punishment is divisible, may give rise to so many distinct
properties, according as any particular mode of punishment appear to
be more particularly adapted to the compassing of one or of another of

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