Human experimentation in psychology -- Fiction; Science fiction; Thought and thinking -- Fiction
"Yes," said the doctor, "flagrant cases of that sort take the general
eye, and people say that they are instances of retribution rather than
justice. The unlikeness between the extremes of life, as between the babe
and the man, the lad and the dotard, strikes every mind, and all admit
that there is not any apparent identity between these widely parted
points in the progress of a human organism. How then? How soon does
identity begin to decay, and when is it gone--in one year, five years,
ten years, twenty years, or how many? Shall we fix fifty years as the
period of a moral statute of limitation, after which punishment shall be
deemed barbarous? No, no. The gulf between the man of this instant and
the man of the last is just as impassable as that between the baby and
the man. What is past is eternally past. So far as the essence of justice
is concerned, there is no difference between one of the cases of
punishment which you called barbarous, and one in which the penalty
follows the offence within the hour. There is no way of joining the past
with the present, and there is no difference between what is a moment
past and what is eternally past."
"Then the assassin as he withdraws the stiletto from his victim's breast
is not the same man who plunged it in."
"Obviously not," replied the doctor. "He may be exulting in the deed, or,
more likely, he may be in a reaction of regret. He may be worse, he may
be better. His being better or worse makes it neither more nor less just
to punish him, though it may make it more or less expedient. Justice
demands identity; similarity, however close, will not answer. Though a
mother could not tell her twin sons apart, it would not make it any more
just to punish one for the other's sins."
"Then you don't believe in the punishment of crime?" said Henry.
"Most emphatically I do," replied the doctor; "only I don't believe in
calling it justice or ascribing it a moral significance. The punishment
of criminals is a matter of public policy and expediency, precisely like
measures for the suppression of nuisances or the prevention of epidemics.
It is needful to restrain those who by crime have revealed their
likelihood to commit further crimes, and to furnish by their punishment a
motive to deter others from crime."
"And to deter the criminal himself after his release," added Henry.
"I included him in the word 'others,'" said the doctor. "The man who is
punished is other from the man who did the act, and after punishment he
is still other."
"Really, doctor," observed Henry, "I don't see that a man who fully
believes your theory is in any need of your process for obliterating his
sins. He won't think of blaming himself for them any way."
Public-domain text, read in full here on John Shaqi.
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