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
It is no easy task now-a-days for penal legislation to keep pace with
psychiatral investigation and to adjust itself to the wide range and nice
distinctions of modern psycho-pathology; nor is it necessary to do so.
_Salus socialis suprema lex esto._ Society is bound to protect itself
against every criminal assault, no matter what its source or character may
be. This is the ultimate object not only of the prison and the scaffold,
but also of all reformatories for juvenile offenders and vagabonds, who by
judicious correction and instruction may perhaps be brought to amend their
ways and thus be prevented from becoming a social danger by swelling the
disorderly ranks of the permanently criminal classes. If a person proves
to be unamenable to moral or penitential measures and remains an
incorrigible transgressor, it is the duty of the community to set him
aside by death or by life-long durance. Penal legislation does not aim
primarily at the betterment of the individual; laws are enacted not for
the purpose of making men good and noble, but solely for the purpose of
rendering them safe members of society. This is effected by depriving the
irremediably vicious of their liberty and, if necessary, also of their
life.
The pardoning power, too, must be exercised with the utmost reserve and
circumspection. The state does not look upon public offences as sins but
as crimes. The introduction of the theological conception of delinquencies
into the province of civil government has always been the vice of
hierarchies and has never failed to work immense mischief by leading
inevitably to impertinent intermeddling with matters of conscience and
private opinion, putting a premium on pretended repentance and like
hypocrisies, and converting the witness-box into a confessional and the
court of justice into a court of inquisition. This has been uniformly the
result wherever a body of priests has become a body of rulers, endowed
with sovereignty in the administration of secular affairs.
Public-domain text, read in full here on John Shaqi.
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