Justice is administered more and more humanely, that is, morally. It is
a century since legal torture was abolished. Society is ashamed to get
at the truth easily by torturing a suspect who after all may be
innocent. The condemned man is no longer branded or mutilated; he
suffers no corporal ill-treatment of which the results can never be
obliterated. Capital punishment is still a blot on the honour of
civilization. But for more than a century now, since the time of
Beccaria, it has been violently opposed and has already been abolished
in some states; the others will no doubt have to follow suit within a
short time. Consider that in England at the beginning of the nineteenth
century a thief was hanged if he had stolen a thing of no more value
than the rope that was to hang him, and even children of fourteen years
were condemned to this fate. To-day the judge pronounces sentence of
death, even where it is still legal, with grave misgivings and
searchings of conscience, and the execution, formerly a public
spectacle, is carried out more or less secretly, because the conviction
is gradually ripening in society that by the cold-blooded killing of a
man it is perpetrating a crime which it must keep as secret as possible.
The sentence is now almost everywhere deferred, and thus the conviction
becomes a very emphatic warning which points out the path of repentance,
of conversion and improvement to the guilty man, and leaves him the
possibility of becoming a decent human being again. Special courts for
children mitigate the stern penal code and modify it according to the
needs of unripe, youthful characters. Imprisonment for debt is a
half-forgotten thing of the past and regarded more or less as a joke.
What these changes have in common is that they one and all indicate a
deepening of the community's feeling of duty and responsibility towards
the individual, greater respect for persons on the part of the law, an
increase of the will to resist the first impulse of anger, revenge and
mercilessness. These tendencies, however, are the very essence of
Morality.
I forbear to adduce as a proof of progress that the Inquisition no
longer rules and nowhere burns its victims. For actually there is no
greater toleration of those who hold other opinions than there was
formerly. Religious toleration is explained by the fact that the
people's consciousness no longer attaches such enormous importance to
religion as in past centuries. But political, æsthetic and philosophical
antagonisms arouse as much bloodthirsty rage to-day as did formerly
heresy in religion, and opponents would unhesitatingly apply torture and
the stake to one another if the great mass of the people would develop
sufficiently enthusiastic zeal for their views to allow their raging
fanaticism to have recourse to violence, as it once permitted
domineering religious orthodoxy to do.
Public-domain text, read in full here on John Shaqi.
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