We ought not, however, to carry these conclusions too far, for
every problem has its relative bearings, and positive observation,
unlike logic, does not admit simple and exact solutions. It must
be observed that this idea of artificial selection, though true,
would lead to exaggerated conclusions, if it were carried into the
sociological field without reserve, and without the necessary
balance between the interests and rights of the community and of
individuals. If this idea were taken absolutely, indeed, it would
render legitimate and even obligatory an ultra-Spartan elimination
of all children born abortive or incurably diseased, or anti-
social through their idiotcy or mental insanity.
On the other hand, to recognise that the death penalty may be
legitimate as an extreme and exceptional measure is not to
acknowledge that it is necessary in the normal conditions of
social life. Now it cannot be questioned that in these normal
conditions society may defend itself otherwise than by death, as
<p 241>by perpetual seclusion or transportation, the failure of
which, by the escape of convicts, is too rare to be decisive
against it.
The preventive and deterrent efficacy of the death penalty is very
problematical when we examine it not by our own impressions as
average human beings, calmly and theoretically, but with the data
of criminal psychology, which is its only true sphere of
observation. Every one who commits a crime is either carried away
by sudden passion, when he thinks of nothing, or else he acts
coolly and with premeditation, and then he is determined in his
action, not by a dubious comparison between the death penalty and
imprisonment for life, but simply by a hope of impunity. This is
especially the case with born criminals, whose main psychological
characteristic is an excess of improvidence, combined with moral
insensibility.
If a convict tells us that he fears death, this merely means that
he has the momentary impression, which cannot, however, restrain
him from crime, for here again, by the same psychological
tendency, he will be subject only to the criminal temptation.
And if it is true that, when the criminal has been tried and
condemned, he fears death more than imprisonment for life (always
excepting condemned suicides, and those who by their physical and
moral insensibility laugh at death up to the foot of the
scaffold), it is none the less necessary to try and to condemn
them.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account