Moral Philosophy: Ethics, Deontology and Natural LawRickaby, Joseph
Philosophy
Moral Philosophy: Ethics, Deontology and Natural Law
Rickaby, Joseph
Ethics
5. We may do an _injury_ to an individual, commit a _crime_ against
the State, and _sin_ against God. The injury to the individual is
repaired by restitution, not by punishment, and therefore not by
vengeance, which is a function of punishment. There is no such thing
as vengeance for a private wrong, and therefore we have the precept to
forgive our enemies, and not to avenge ourselves, in which phrase the
emphasis falls on the word _ourselves_. The clear idea and strong
desire of vengeance, which nature affords, shows that there is such a
thing as vengeance to be taken by some one: it does not warrant every
form of vengeance, or allow it to be taken by each man for himself. It
consecrates the principle of retribution, not every application of the
principle. It is a point of _synderesis_, not of particular conduct.
The reader should recall what was said of the vengeance of Hannibal at
Himera. (c. viii., s. ii., p. 144.)
6. It belongs to the State to punish _political sin_, or crime, and to
God to punish _theological sin_, which is sin properly so called, a
breach of the Eternal Law. The man who has burnt his neighbour's house
down, though he has compensated the individual owner, may yet be
punished by the State. The owner, acting in his capacity as citizen,
even when he has been compensated as an individual, may still hand him
over to the State for punishment. The arson was a violation, not only
of _commutative_, but of _legal_ justice (c. v., s. ix., nn. 3, 6, pp.
103, 106), a disturbance of the public peace and social order, an
outrage upon the majesty of the law. For this he may be punished by
the State, which is the guardian of all these things, and which has
jurisdiction over him to make laws for him, and to enforce their
sanction against him. Civil punishment, besides being deterrent, is
retributive for the breach of social order. It is the vengeance of the
commonwealth upon the disturber of the public peace. Whether the State
can punish on pure grounds of retribution, away from all hope or need
of deterring possible imitators of the crime, is a question irrelevant
to our present enquiry. Probably a negative answer should be returned.
Public-domain text, read in full here on John Shaqi.
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