legal consequences.

For example, if a man be arraigned for the appropriation of another
man's goods, it is an axiom that the court (when once the questions of
fact have been disposed of) shall adjudicate only on the issue as to
whether the particular appropriation of goods in dispute comes under
the denomination of larceny, burglary, or other co-ordinate category;
and that upon this the sentence shall go forth: directing that the
legal consequences which are appointed to that particular class of
action be enforced.

This is the system every one can see administered in every court of
justice.

There is, however, over and above what has just been set out another
essential element in Justice. It is an element which readily escapes
the eye.

I have in view the fact that the classifications which are adopted and
embodied in the law must not be arbitrary classifications. They must
all be conformable to the principle of utility, and be directed to the
advantage of society.

If, for instance, burglary is placed in a class apart from larceny, it
is discriminated from it because this distinction is demanded by
considerations of public advantage. But considerations of utility
would not countenance, and by consequence Justice would not accept, a
classification of theft into theft committed by a poor man and theft
committed by a rich man.