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
When we stop and contemplate the enormity of “Man’s inhumanity to man,”
as recorded in the lessons of the past, “the marvel is that man can
smile, dreaming his ghostly, ghastly dream.”
The basis of such misanthropy lies in the fact that criminals have been
treated as enemies, to such an extent that mankind has warred upon them
and committed deeds of war, when, in point of fact, the alleged criminal,
frequently was less guilty than his judges, and, if guilty, he was only a
mistaken man, needing correction, but not torture or death, to teach him
the better path to tread. Would that future generations might be fully
emancipated from the selfish creed which calls that good, which works
_me_ weal and holds that ill, which _me_ alone doth harm or hurt.
For our lives, like ravelled skeins, cross back and forth, connect and
blend,
“They change with place, they shift with race; and, in the veriest
span of Time,
Each Vice has worn a Virtue’s crown; all Good was banned as Sin or
Crime.”
FOOTNOTES:
[1] Justice is the bond which keeps the interest of individuals united
and without this virtue men would return to their original state of
barbarity. Marquis Beccaria, on “Crimes and Punishments,” 9.
Carlyle has well said: “Cruel is the panther of the woods, the she-bear,
bereaved of her whelps; but there is in man a hatred crueler than that.”
[2] Beccaria’s “Crimes and Punishments,” p. 41.
The three theories regarding lawful punishment, are, retribution,
prevention and reformation. According to the first of these theories, the
object of punishment is the vindication of the law upon the offender, by
the infliction of such pain or penalty as his crime deserves, hence, the
motto for this theory, might be properly said to be Justice. The second
idea, makes prevention of further crime, the sole object, the criminal
being placed where he can do no further wrong to society, and the motto
of this school of legal philosophers, can therefore properly be said to
be protection. The third and by far the most philanthropic doctrine of
punishment regards the object of correction as the primary one to be
attained and that all punishment should cease when the criminal has been
reformed. The motto for the last school of philosophy, might properly be
said to be Brotherly Love.
[3] Rawlinson’s “Ancient Monarchies.”
[4] Genesis, XL., 19, 22.
[5] Matthew, XIV., 8, 10.
[6] Acts, XII., 2.
[7] Revelation, XX., 4. A common punishment during the French Revolution.
[8] Genesis, XXXVIII., 24.
[9] Leviticus, XXI., 9.
[10] Leviticus, XX., 14.
[11] John’s “Babylonian Laws,” etc., Josephus; Matthew, XVIII., 6.
The Emperor Tiberius, after torturing the victims of his wrath, cast
them into the sea, where they were drowned. Sueton. Tiberii, lxii; Lea,
“Superstition and Force,” (3 ed.) p. 377.
Public-domain text, read in full here on John Shaqi.
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