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Barbarous spectacles were, Paley thought, justly found fault with, as tending to demoralise public feeling. 鈥楤ut,鈥 he continued, 鈥榠f a mode of execution could be devised which would augment the horror of the punishment, without offending or impairing the public sensibility by cruel or unseemly exhibitions of death, it might add something to the efficacy of[57] example; and by being reserved for a few atrocious crimes might also enlarge the scale of punishment, an addition to which seems wanting, for as the matter remains at present you hang a malefactor for a simple robbery, and can do no more to the villain who has poisoned his father. Something of the sort we have been describing was the proposal, not long since suggested, of casting murderers into a den of wild beasts, where they would perish in a manner dreadful to the imagination, yet concealed from the view.鈥 It is interesting after this to learn, that Paley thought torture properly exploded from 鈥榯he mild and cautious system of penal jurisprudence established in this country,鈥 and that (to do him justice) he urged private persons to be tender in prosecuting, out of regard for the difficulty of prisoners to obtain an honest means of livelihood after their discharge..
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鈥業n revenges or punishments,鈥 says Hobbes, 鈥榤en ought not to look at the greatness of the evil past, but the greatness of the good to follow, whereby we are forbidden to inflict punishment with any other design than for the correction of the offender and the admonition of others.鈥 And over and over again the same thing has been said, till it has come to be a commonplace in the philosophy of law, that the object of punishment is to reform and deter. As was once said by a great legal authority, 鈥榃e do not hang you because you stole a horse, but that horses may not be stolen.鈥橻42] Punishment by this theory is a means to an end, not an end in itself..
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It is against crimes affecting the person that punishments are most desirable and their vindictive character most justly displayed. Personal violence calls for personal detention or personal chastisement;[102] and the principle of analogy in punishment is most appropriate in the case of a man who maltreats his wife or abuses his strength against any weakness greater than his own. Punishment in such cases is a demand of natural justice, whether anyone is affected by the example or not, and whether or not the man himself is improved by it. Not only is it the best means of enforcing that personal security which is one of the main functions of the State, but it is an expression of that sense of moral reprobation which is so necessary to the good order of society.
Barbarous spectacles were, Paley thought, justly found fault with, as tending to demoralise public feeling. 鈥楤ut,鈥 he continued, 鈥榠f a mode of execution could be devised which would augment the horror of the punishment, without offending or impairing the public sensibility by cruel or unseemly exhibitions of death, it might add something to the efficacy of[57] example; and by being reserved for a few atrocious crimes might also enlarge the scale of punishment, an addition to which seems wanting, for as the matter remains at present you hang a malefactor for a simple robbery, and can do no more to the villain who has poisoned his father. Something of the sort we have been describing was the proposal, not long since suggested, of casting murderers into a den of wild beasts, where they would perish in a manner dreadful to the imagination, yet concealed from the view.鈥 It is interesting after this to learn, that Paley thought torture properly exploded from 鈥榯he mild and cautious system of penal jurisprudence established in this country,鈥 and that (to do him justice) he urged private persons to be tender in prosecuting, out of regard for the difficulty of prisoners to obtain an honest means of livelihood after their discharge.
21 August, 2019 - 13:08
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21 August, 2019 - 13:08
The best!