He recognized the fact that he was not an innocent man unjustly
punished. He admitted that he had committed an extreme and blameworthy
act; that that loaf of bread would probably not have been refused to
him had he asked for it; that, in any case, it would have been better
to wait until he could get it through compassion or through work; that
it is not an unanswerable argument to say, “Can one wait when one is
hungry?” That, in the first place, it is very rare for any one to die
of hunger, literally; and next, that, fortunately or unfortunately, man
is so constituted that he can suffer long and much, both morally and
physically, without dying; that it is therefore necessary to have
patience; that that would even have been better for those poor little
children; that it had been an act of madness for him, a miserable,
unfortunate wretch, to take society at large violently by the collar,
and to imagine that one can escape from misery through theft; that that
is in any case a poor door through which to escape from misery through
which infamy enters; in short, that he was in the wrong.
Then he asked himself:—
Whether he had been the only one in fault in his fatal history. Whether
it was not a serious thing, that he, a laborer, out of work, that he,
an industrious man, should have lacked bread. And whether, the fault
once committed and confessed, the chastisement had not been ferocious
and disproportioned. Whether there had not been more abuse on the part
of the law, in respect to the penalty, than there had been on the part
of the culprit in respect to his fault. Whether there had not been an
excess of weights in one balance of the scale, in the one which
contains expiation. Whether the over-weight of the penalty was not
equivalent to the annihilation of the crime, and did not result in
reversing the situation, of replacing the fault of the delinquent by
the fault of the repression, of converting the guilty man into the
victim, and the debtor into the creditor, and of ranging the law
definitely on the side of the man who had violated it.
Whether this penalty, complicated by successive aggravations for
attempts at escape, had not ended in becoming a sort of outrage
perpetrated by the stronger upon the feebler, a crime of society
against the individual, a crime which was being committed afresh every
day, a crime which had lasted nineteen years.
He asked himself whether human society could have the right to force
its members to suffer equally in one case for its own unreasonable lack
of foresight, and in the other case for its pitiless foresight; and to
seize a poor man forever between a defect and an excess, a default of
work and an excess of punishment.
Whether it was not outrageous for society to treat thus precisely those
of its members who were the least well endowed in the division of goods
made by chance, and consequently the most deserving of consideration.
These questions put and answered, he judged society and condemned it.
Public-domain text, read in full here on John Shaqi.
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