The Criminal Prosecution and Capital Punishment of AnimalsEvans, E. P. (Edward Payson)
History
The Criminal Prosecution and Capital Punishment of Animals
Evans, E. P. (Edward Payson)
Animals -- Law and legislation -- History; Animals, Prosecution and punishment of -- History; Trials -- Europe
Mediæval legislators were not restrained by any scruples of this sort;
they regarded the criminal, both human and animal, as the sole author of
the crime, ascribing it simply to his own wickedness and never looking
beyond the mere actual deed to the social influences, psychical and
physical characteristics and inherited qualities, that impelled him with
irresistible force to do iniquitous things. This was doubtless a very
narrow, superficial and utterly unphilosophical view of human action and
responsibility; the danger now-a-days lies in the opposite extreme, in the
tendency to pity the vicious individual as the passive product and
commiserable victim of unfortunate conditions, and while engaged in the
laudable attempt to improve these conditions by working out broad and
benevolent plans of permanent relief and reformation for the future
amelioration of society, to relax penalties and to fail in providing by
sufficiently stringent measures for its present security. Tribunals have
only to do with individual criminals as their conduct affects the general
welfare. In what manner their characters have been formed by ancestral
agencies and other predispositions may be an interesting study to the
psychologist and the sociologist, but does not concern the judge or the
jurist in the discharge of their official functions. The problem of crime
is therefore a very simple one, so far as the criminal lawyer has to deal
with the concrete case, but very complex, when we look beyond the overt
act to its genesis in the life of the race. The proper administration of
penal justice is weakened and defeated by mixing itself up with
psycho-pathological inquiries wholly foreign to it.
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