Let us give an instance of this from the _Vicar of Wakefield_. Nothing
could be more just, or more happily expressed, than the opening
observation we are about to quote. The reasoning which follows, and is
intended to support it, is as weak and fantastical as, on so beaten a
subject, it well could be.
“And it were highly to be wished,” says the Vicar, “that legislative
power would thus direct the law rather to reformation than severity;
that it would seem convinced that the work of eradicating crimes is
not by making punishment familiar, but formidable. Then instead of our
present prisons, which find or make men guilty, which enclose wretches
for the commission of one crime, and return them, if returned alive,
fitted for the perpetration of thousands—we should see, as in other
parts of Europe, places of penitence and solitude, where the accused
might be attended by such as could give them repentance, if guilty, or
new motives to virtue, if innocent. And this, but not the increasing
punishment, is the way to mend a state.”
Now, if the good Vicar had stopped here, he would have expressed a truth
much needed at the time, in a simplicity and elegance of language which
could not be improved. But the Vicar enters into abstract reasoning to
prove his thesis, grows argumentative, and, at the same time, grows
weak.
“Nor can I,” he continues, “avoid even questioning the validity of
that right which social combinations have assumed of capitally
punishing offences of a slight nature. In cases of murder their right
is obvious, as it is the duty of us all, from the law of self-defence,
to cut off that man who has shown a disregard for the life of another.
Against such all nature rises in arms; but it is not so against him
who steals my property. Natural law gives me no right to take away his
life, as by that the horse he steals is as much his property as mine.
If, then, I have any right, it must be from a compact made between us,
that he who deprives the other of his horse shall die. _But this is a
false compact; because no man has a right to barter his life any more
than to take it away, as it is not his own. And, besides, the compact
is inadequate, and could be set aside even in a court of modern
equity, as there is a great penalty for a trifling inconvenience,
since it is far better that two men should live than that one man
should ride._ But a compact that is false between two men is equally
so between a hundred and a hundred thousand; for as ten millions of
circles can never make a square, so the united voice of myriads cannot
lend the smallest foundation to falsehood.”
Logic such as this, even if set forth in Latin, would hardly have earned
him his supper and his bed in the University of Padua.
Public-domain text, read in full here on John Shaqi.
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