The Cornhill Magazine (Vol. IV, No. 2, August 1861)Various
General
The Cornhill Magazine (Vol. IV, No. 2, August 1861)
Various
England -- Periodicals; English literature -- Periodicals; Short stories, English -- Periodicals
I have already said, that controversy in the subjunctive mood is totally
worthless. You can establish no logical conclusion except by a statement
of facts, which, like the figures in an arithmetical sum, render the
ultimate fact, the _x_ to be proven, a matter of moral certainty.
Undoubtedly there are great differences in the character of Englishmen
and of Irishmen, and, therefore, in the character of the convicts of
the two countries; but the points of resemblance between all civilized
communities are more numerous than the points of difference. This is
peculiarly the case with races under the same governments and laws; and
when we select a special class, formed by the aberrant tendencies of all
humanity, we increase the ratio of resemblance. The treatment of convicts
in the two countries might vary; we have no reason to assume that it
should be fundamentally opposed.
Secondly, there is reason to doubt whether the deterrent element ever has
much force in the operation of penal servitude, of imprisonment, or of
any penalty save those involving acute physical suffering for very short
periods. The deterrent effect is severe in the case of hanging, flogging,
torture, and the like. In the case of correctional discipline, the effect
seems to be produced, far more, by a sort of compulsory teaching. Through
the force of facts, the involuntary student is made to learn that a
dishonest line of conduct cannot be pursued, but must sooner or later be
frustrated; therefore that an honester course of life is unavoidable,
and the attempt to avoid it foolish. At one time transportation, was a
penalty accounted “secondary” to death alone; but I have already shown
you that in 1861 it is accounted an actual boon, an increase to the
opportunities and enjoyments of life. Indeed it is, literally, in this
auxiliary sense that transportation to Western Australia, which still
tolerates the practice, is now recommended. In England, as well as in
Ireland, it is claimed as usefully completing that round of correctional
discipline which ends in reformation—holding out a hope to the reformed
convict of employment in a sphere where he will have the reward of
industry without disgrace. But in Ireland, we see that as the criminal
advances through his course of penal servitude, the whole system is made
to have the character of correction, and to awaken the hope of betterment
through honest exertion.
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