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.