Legal antiquities : $b A collection of essays upon ancient laws and customsWhite, Edward J. (Edward Joseph)
History
Legal antiquities : $b A collection of essays upon ancient laws and customs
White, Edward J. (Edward Joseph)
Criminal law -- History; Law -- History; Law, Ancient; Punishment -- History
Since the time of Beccaria men have realized that the groans of a
tortured wretch cannot recall the time past, or reverse the crime once
committed,[2] so punishments are now provided for, not to torment a
sensible being, nor to attempt to undo the crime committed, but to
prevent the criminal from doing further injury to society and to deter
others from committing similar offenses. But it was not always thus.
Torture, of the worst kind, in the handling of criminals, has been
consecrated as a time honored custom by most of the older nations of
the world. Mankind, for centuries, seemed to forget that all men were
brothers; that a man, after he is dead is good for nothing and since
punishments were invented for the good of society, that they ought to be
useful and not destructive, still they universally persecuted each other,
even to the death.
All mankind have ever detested the violence of which they may themselves
possibly be the victim, but the criminal is so far regarded as an enemy
to society, that they universally desire the punishment inflicted upon
another which they would never want inflicted upon themselves. Viewing
all other men as inconsequential in the sum total of the universe, but
each individual believing himself the center of the social unit, men have
been ever ready to play the tiger and make the alleged criminal the lamb,
because it was the other individual whose life was sacrificed.
Viewing the whole plan of society by the standards of the past, in the
punishment of criminals, it is difficulty to determine whether the
crimes against society or those of society against the alleged criminal,
have been the greater. But with the idea of reforming the criminal,
the barbarous tortures of the past have been eliminated and the trend
of modern criminologists is to further limit all punishments, not in
themselves wholly reformatory in their nature.
Excessive punishments have always increased, rather than diminished
crime, yet authority to inflict punishment has never been much concerned
about the welfare of the race or of society, as a whole, and the humane
law of the philosophers has been disregarded far too long to curb the
ingenious cruelty that has inflicted penalties and pains upon alleged
criminals, frequently wholly innocent of any crime.
The object of this chapter, however, is not to moralize about crimes and
punishments, but to contribute something to the vast fund of historical
information upon the subject of ancient punishments, with a few
illustrations of the pains and penalties inflicted during the past ages,
in the name of law, upon the unfortunate victims falling into the vortex
of the current of a past civilization and hopelessly borne on to their
destruction.
Public-domain text, read in full here on John Shaqi.
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