Everyday life gives us many examples. The university student,
when he gambles, risks on a single card the last remnant of his
allowance, and prepares for himself a thousand privations. Miners
and workmen at dangerous trades refuse to take warning by the
sight of comrades whom they have seen dying or repeatedly attacked
by disease. M. Despine related that, during the cholera of 1866,
at Bilbao, there were some who set up an imitation of the disease
in order to obtain charitable relief, though in several cases
death ensued. M. Fayet, in an essay on the statistics of accused
persons in France, extending over twenty years, remarked that
specific and proportionately greater criminality was displayed by
notaries and bailiffs, who knew better than any one else the
punishments fixed by law. And in the statistics of capital
punishment at Ferrara, during nine centuries, I discovered the
significant fact that there is a succession of notaries executed
for forgery, frequently at very short intervals, in the same town.
This attests the truth of the observation made by Montesquieu and
Beccaria, <p 107>as against the deterrent power of the death
penalty, for men grow accustomed to the sight; and this again is
confirmed by the fact mentioned by Mr. Roberts, a gaol chaplain,
and M. B<e'>renger, a magistrate, that several condemned men had
previously been present at executions, and by another fact
mentioned by Despine and Angelucci, that in the same town, and
often in the same place, in which executions had been carried out,
murders are often committed on the same day.
A man does not change his identity; and no penal code, whether
mild or severe, can change his natural and invincible tendencies,
such as inclination to pleasure and persistent hope of impunity.
Let us also observe that, as Mill said, the permanent efficacy of
any measure in the spheres of politics, economy, and
administration, is always inversely proportional to its force and
suddenness. Now punishment does not stand the test even of this
sociological law, for in its essence it is only the primitive
reaction of force against force. It is true that, as Beccaria
said, the classical school has always aimed at rendering social
reaction against crime less violent; but that is not enough.
Henceforward, if we are to adapt ourselves to psychological and
sociological laws, the development of our defensive administration
must tend to render this social reaction less direct. If the
struggle for existence is always to remain the supreme law of
living creatures, yet it is not necessary that it should always be
developed in the violent forms of primitive humanity. On the
contrary, one of the results of social progress is to make the
struggle for existence less violent and less direct.
<p 108>
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