The World's Greatest Books [Volumes 1-15, 17-20]

An offence—a punishable act—is constituted such by the community; though it ought not to be an offense unless contrary to utility, it may be so. It is assumed to be a detrimental act; detrimental therefore to some person or persons, whether the offender himself or other assignable persons, or to persons not assignable.

Offences against assignable persons other than the offender form the first class; offences against individuals, or private offences, or private extra-regarding offences. The second class is formed by semi-public offences, i.e., not against assignable individuals, nor the community at large, but a separable group in the community, e.g., a class or a locality. The third class are those which are simply self-regarding; the fourth, against the community at large; the fifth, multiform or heterogeneous, comprising falsehood and breaches of trust.

The first class may be subdivided into offences against (1) the person, (2) reputation, (3) property, (4) condition—i.e., the serviceableness to the individual of other persons, (5) person and property together, (6) person and reputation together.

The second, "semi-public," class, being acts which endanger a portion of the community, are those operating through calamity, or of mere delinquency. The latter are subdivided on the same lines as private offences. So with the third or self-regarding class.

In class four, public offences fall under eleven divisions: (1) offences against external security—i.e., from foreign foes; (2) against justice—i.e., the execution of justice; (3) against the preventive branch of police; (4) against the public force—i.e., military control; (5) against increase of national felicity; (6) against public wealth—i.e., the exchequer; (7) against population; (8) against national wealth—i.e., enrichment of the population; (9) against sovereignty; (10) against religion; (11) against national interests in general.

In class five, falsehood comprises simple falsehoods, forgery, personation, and perjury; again distributable like the private offences. In the case of trusts, there are two parties—the trustee and the beneficiary. Offences under this head cannot, for various reasons, be conveniently referred to offences against property or condition, which also must be kept separate from each other. As regards the existence of a trust: as against the trustee, offences are (1) wrongful non-investment of trust, and wrongful interception of trust, where the trusteeship is to his benefit; or (2) where it is troublesome, wrongful imposition of trust. Both may similarly be offences against the beneficiary. As regards the exercise of the trust, we have negative breach of trust, positive breach of trust, abuse of trust, disturbance of trust, and bribery.

We may now distribute class one—offences against the individual—into genera; to do so with the other classes would be superfluous. Simple offences against the person are actions referring to his actual person, body or mind, or external objects affecting his happiness. These must take effect either through his will, or not. In the former case, either by constraint, or restraint, confinement, or banishment.

In any case the effect will be mortal or not mortal; if not mortal, reparable or irreparable injury when corporal, actual, or apprehended, sufferance when mental. So the list stands—simple and irreparable corporal injuries, simple injurious restraint or constraint, wrongful confinement or banishment, homicide or menacement, actual or apprehended mental injuries. Against reputation the genera of offences are (i) defamation, (2) vilification. Of offences against property, simple in their effects, whether by breach of trust or otherwise, the genera are: wrongful non-investment, interception, divestment, usurpation, investment, of property; wrongful withholding of services, destruction, occupation, or detainment, embezzlement, theft, defraudment, extortion.

Of complex offences against person and reputation together: corporal insults, insulting menacement, seduction, and forcible seduction, simple lascivious injuries. Against person and property together: forcible interception, divestment, usurpation, investment, or destruction of property, forcible occupation or detainment of movables, forcible entry, forcible detainment of immovables, robbery.

As to offences against condition: conditions are either domestic or civil; domestic relations are either purely natural, purely instituted, or mixed. Of the first, we are concerned only with the marital, parental, and filial relations. Under the second head are the relations of master and servant, guardian and ward. In the case of master and servants, the headings of offences are much like those against property. Guardianship is required in the cases of infancy and insanity; again the list of offences is similar. The parental and filial relations, so far as they are affected by institutions, comprise those both of master and servant, and of guardian and ward; so that the offences are correspondent.