But when I was alone, and began to think the trial over, it certainly
did strike me as betraying a strange and untenable position. Had the
judge said that he acknowledged the probable truth, namely, that the
prisoner was born of unhealthy parents, or had been starved in infancy,
or had met with some accidents which had developed consumption; and had
he then gone on to say that though he knew all this, and bitterly
regretted that the protection of society obliged him to inflict
additional pain on one who had suffered so much already, yet that there
was no help for it, I could have understood the position, however
mistaken I might have thought it. The judge was fully persuaded that
the infliction of pain upon the weak and sickly was the only means of
preventing weakness and sickliness from spreading, and that ten times
the suffering now inflicted upon the accused was eventually warded off
from others by the present apparent severity. I could therefore
perfectly understand his inflicting whatever pain he might consider
necessary in order to prevent so bad an example from spreading further
and lowering the Erewhonian standard; but it seemed almost childish to
tell the prisoner that he could have been in good health, if he had
been more fortunate in his constitution, and been exposed to less
hardships when he was a boy.
I write with great diffidence, but it seems to me that there is no
unfairness in punishing people for their misfortunes, or rewarding them
for their sheer good luck: it is the normal condition of human life
that this should be done, and no right-minded person will complain of
being subjected to the common treatment. There is no alternative open
to us. It is idle to say that men are not responsible for their
misfortunes. What is responsibility? Surely to be responsible means to
be liable to have to give an answer should it be demanded, and all
things which live are responsible for their lives and actions should
society see fit to question them through the mouth of its authorised
agent.
Public-domain text, read in full here on John Shaqi.
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