"If we are to believe the jurists, by whose words the students
everywhere swear, Punishment is the right of Wrong. This definition, by
its simplicity, recommends itself to the logicians at their desks, but
I doubt extremely whether the Founder of the Faith would have been
content with it. He did not declare that to be stoned was the right of
the guilty woman; on the contrary, by summoning him who was without sin
to cast the first stone, he showed that under the smooth logical
surface of the legal code there lay a deeper principle, which only
reveals itself to the eye that can see and the heart that can feel. To
such an eye and such a heart it soon is clear that every wrong which is
to be punished in order that it may have its right, is, if not always,
almost always, a wrong at second, third, or hundredth hand; and thus
the punishment rarely reaches the one who may have deserved it. So the
justest judge, whether he will or not, resembles the sanguinary general
who orders every tenth man to be led off to execution, not because he
is guiltier than the other nine, but because he is the tenth.
"But this is not apparent to the logician, who smiles with satisfaction
if he does not come into conflict with his principle of Identity and
his principle of Contradiction; nor to; the judge who has before him
but an isolated fact, torn from its connections, and who has to give
judgment when he has not all the parts in his hand, not to mention the
visible and invisible threads upon which these parts are necessarily
strung. They both are like the crowd which judges a picture by its
effect alone; while the connoisseur knows how it came into existence,
what colors the painter had upon his palette, how he blended them, how
he handled his brush, what difficulties he encountered, and how he
overcame them, or why it was that he failed of his aim. And as the only
true criticism is creative, which takes the secrets of art as the
starting-point of its judgment, so that none but an artist can be a
real critic, even so men's actions can only be judged by those to whom
the old wise word applies, that nothing human is alien to them, because
they have experienced in themselves and in their brethren the whole
misery of humanity. But for this are necessary, as I said before, the
feeling heart and the seeing eye, and an ample opportunity for training
and using both.
Public-domain text, read in full here on John Shaqi.
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