of childhood and early youth, pp. 264–267.—According to early custom, children sometimes subject to the rule of retaliation, p. 267.—Parents responsible for the deeds of their children, p. 267 sq.—In Europe there has been a tendency to raise the age at which full legal responsibility commences, p. 268 sq.—The irresponsibility of idiots and madmen, p. 269 sq.—Idiots and insane persons objects of religious reverence, p. 270 sq.—Lunatics treated with great severity or punished for their deeds, pp. 271–274.—Explanation of this, p. 274 sq.—The ignorance of which lunatics have been victims in the hands of lawyers, pp. 275–277.—The total or partial irresponsibility of intoxicated persons, p. 277 sq.—Drunkenness recognised as a ground of extenuation, pp. 278–280.—Not recognised as a ground of extenuation, p. 280 sq.—Explanation of these facts, p. 281 sq.
MOTIVES
Motives considered only in proportion as the moral judgment is influenced by reflection, p. 283.—Little consideration for the sense of duty as a motive, ibid.—Somewhat greater discrimination shown in regard to motives consisting of powerful non-volitional conations, p. 283 sq.—Compulsion as a ground of extenuation, p. 284 sq.—“Compulsion by necessity,” pp. 285–287.—Self-defence, pp. 288–290.—Self-redress in the case of adultery, and other survivals of the old system of self-redress, pp. 290–294.—The moral distinction made between an injury which a person inflicts deliberately, in cold blood, and one which he inflicts in the heat of the moment, on provocation, pp. 294–297.—Explanation of this distinction, p. 297 sq.—The pressure of a non-volitional motive on the will as a ground of extenuation, p. 298 sq.—That moral judgments are generally passed, in the first instance, with reference to acts immediately intended, and consider motives only in proportion as the judgment is influenced by reflection, holds good not only of moral blame, but of moral praise, pp. 299–302.
FORBEARANCES AND CARELESSNESS—CHARACTER
Why in early moral codes the so-called negative commandments are much more prominent than the positive commandments, p. 303.—The little cognisance which the criminal laws of civilised nations take of forbearances and omissions, p. 303 sq.—The more scrutinising the moral consciousness, the greater the importance which it attaches to positive commandments, p. 304 sq.—Yet the customs of all nations contain not only prohibitions, but positive injunctions as well, p. 305.—The unreflecting mind apt to exaggerate the guilt of a person who out of heedlessness or rashness causes harm by a positive act, ibid.—Early custom and law may be anxious enough to trace an event to its source, pp. 305–307.—But they easily fail to discover where there is guilt or not, and, in case of carelessness, to determine the magnitude of the offender’s guilt, p. 307 sq.—The opinion that a person is answerable for all the damage which directly ensues from an act of his, even though no foresight could have reasonably been expected to look out for it, p. 308 sq.—On the other hand, little or no censure passed on him whose want of foresight or want of self-restraint is productive of suffering, if only the effect is sufficiently remote, p. 309 sq.—The moral emotions may as naturally give rise to judgments on human character as to judgments on human conduct, p. 310.—Even when a moral judgment immediately refers to a distinct act, it takes notice of the agent’s will as a whole, p. 310 sq.—The practice of punishing a second or third offence more severely than the first, p. 311 sq.—The more a moral judgment is influenced by reflection, the more it scrutinises the character which manifests itself in that individual piece of conduct by which the judgment is occasioned, p. 312 sq.—But however superficial it be, it always refers to a will conceived of as a continuous entity, p. 313.
WHY MORAL JUDGMENTS ARE PASSED ON CONDUCT AND CHARACTER—MORAL VALUATION AND FREE-WILL
Explanation of the fact that moral judgments are passed on conduct and character, p. 314.—The correctness of this explanation proved by the circumstance that not only moral emotions, but non-moral retributive emotions as well, are felt with reference to phenomena exactly similar in nature to those on which moral judgments are passed, pp. 314–319.—Whether moral or non-moral,