Elements of Morals: With Special Application of the Moral Law to the Duties of the Individual and of Society and the StateJanet, Paul
Philosophy
Elements of Morals: With Special Application of the Moral Law to the Duties of the Individual and of Society and the State
Janet, Paul
Ethics
The right of society to defend itself by the death penalty does not seem
to us, then, to admit any doubt. The whole question is to know whether
such a means of defense is really necessary and efficacious. It is, as we
have said, a question of experience which it is very difficult to settle,
for the reason that we dare not make the experiment. All that can be said
is that, as a principle, every man fears death; it is the greatest of
fears. There is, therefore, reason to believe that it is the most powerful
of the means of intimidation. Besides, it is known that professional
criminals estimate with great accuracy offenses and crimes proportionably
to their penalties. Thus, those who steal know that they expose themselves
to such or such punishment, but they go no farther in order not to incur a
more severe punishment; for these the penalty of death is certainly a
great item in their plans, and it would be dangerous to relieve them of
this menace.
We do not mean to say that in future society may not reach a state of
organization strong and enlightened enough to be able to do without such
means; but in the present state of things we should consider the attempt
to abolish them dangerous for society.
=28. Of political assassination.=--Concerning this pretended right, so
shockingly promulgated in these days by savage factions, we cannot do
better than quote the words of M. Jules Simon in his book on _Duty_:
"Political assassination," he says, "is essentially worthy of
condemnation from whichever side one looks at it. It has the same
origin as the penalty of death, with this double difference that, in
the application of the penalty of death, it is the State that
pronounces the sentence conformably to the law, whilst in political
assassination it is the same man who makes the law, pronounces the
sentence, and executes it. Now, society, though badly constituted, and
the law, though bad, are nevertheless a guaranty, whilst there is none
at all against the caprice, passion or false judgment of a single
individual. Besides, the legitimacy of the penalty of death is
connected with the legitimacy of the power that pronounces it, and the
uniformity of the law. Let some tyrannical authority cause a man to be
shot at the corner of a street, without form of legal process, that
cannot be called penalty of death; it is called murder; and even when
the victim should have deserved his death, the government would not be
the less criminal for having executed him without trial. If these
principles are just, how can we admit the theory of political
assassination, which allows the destiny of all to depend upon the
conscience of a single individual. We reflect so little upon the
rights of men that there are those who will condemn the death penalty
and yet approve of political assassination. We judge so badly, that
under the Restoration a monument was erected to Georges Cadoudal, and
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.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account