Page:The Common Law by Oliver Wendell Holmes.djvu/5



The Common Law:

A. Vengeance : (a.) As Source of the Criminal Law, 39, 40 ; (b.) As one Object still, 40, 41. — B. Theories of Punishment : («.) Ref- ormation, 42 ; (b.) Retribution, 42, 43, 45 ; (c.) Prevention, 43-48. — C. Preventive Theory shows Penal Liability not measured by ' actual Blameworthiness alone, but by Nonconformity to external Standard based on what would be wrong in average Man, 49-51. * — D. Murder, 51-60; Malice = Knowledge of Facts making the Conduct dangerous, 52-56; Exceptional Cases where Man must know

at his Peril, 58, 59 ; Murder and Manslaughter, 59, 60. — E. Man- slaughter, 59-62 ; Provocation, 61,62.— F. Malicious Mischief, why actual Malice, 62-64. — G, Arson, 64,65.— H. Attempts, 65-70 ; Intent as making a harmful Result probable from Act otherwise innocent, 66-68; Limit to this, 68-70. — I. Larceny is Attempt to deprive Man of his Property permanently, 70-74. — K. Bun. glary, 74; Conclusion, 75, 76.