public is excluded from executions, which clearly indicates a decisive
rejection of the theory of intimidation.
The truth is that the severity of the punishment has no effect upon the
frequency or the savagery of crimes. The criminality of a community
depends on the value and emphasis of the moral education which it
bestows upon the rising generation. It can prevent its members, at any
rate the average, normal type, from developing into criminals. But the
fear of punishment has no deterrent effect upon those whose criminal
impulses have not been subjugated by social discipline. The severity of
the punishment does not contribute anything to the defence of society.
It only proves that the lawgiver and the criminal judges are on the
lowest level of civilization which corresponds to a widespread and
barbarous criminality, and that their modes of thought and feeling are
horribly like those of the criminals whom they sentence to torture, the
gallows, and the wheel.
Positive law aims at defending society, and tries to attain its end by
punishing transgressions. It provides no reward for conscientious
obedience. The law has no honours to bestow on blamelessness and virtue.
Society felt the want of this and made attempts to encourage honourable
conduct by conferring distinctions, just as it tries to intimidate vice
by punishing crime. These attempts were not particularly happy. The
bestowal of titles and orders is no recognition of virtue, but a means
adopted by governments to ensure devotion to power. An arrangement was
made in some places to honour model citizens in public and crown them
with laurels, but it soon came to grief owing to indifference and
mockery. A private individual wanted to fill this gap in social
institutions. The Count of Montyon, a son of the eighteenth century,
whose philosophy he had imbibed, instituted the prizes for virtue which
are distributed annually by the French Academy. They are bestowed on
modest integrity in humble circumstances which has manifested a sense of
duty, neighbourly love and self-sacrifice. This friend of man has had
few imitators, and that is understandable. Sound common sense realizes
that rewards like the Montyon prizes for virtue do not with the
infallibility of a natural law fall to the lot of merit, but are nearly
always adjudicated to the prizewinner by chance, by recommendation, and
by all sorts of influences that have nothing to do with virtue; and it
seems unjust that among equal claims some should be satisfied while
others, the great majority, are not. It would be vain to contend that
one virtue which goes empty-handed is not unfairly treated when another
gets a benefit on which it has not counted, and that in a moral
character, such as alone would be eligible for a prize for virtue, there
is no room for envy. That would be the moral of the Gospel concerning
the labourers who came at the eleventh hour, which has met with
opposition from others besides the contemporaries of Jesus.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account