“I do not agree with you, Monsieur,” said the other, drinking a little
gulp of wine. “All the gothic barbarity has been pared away from
our laws and customs, and justice is to-day restrained and humane
to excess. Punishment is exactly proportioned to crime, and you see
thieves hanged, murderers broken on the wheel, traitors torn by four
horses, atheists, sorcerers, and sodomites burnt, coiners boiled alive;
in all which criminal law exhibits extreme moderation and all possible
mildness.”
“Monsieur, in all times judges have believed themselves to be
benevolent, equitable, and gentle. In the gothic ages of St. Louis, and
even of Charlemagne, they admired their own benignity, which appears to
us to-day as savage. I divine that, in their turn, our sons will judge
us as savage, and that they will find still something more to pare away
from the tortures and punishments which we inflict.”
“Monsieur, you are not speaking as a magistrate. Torture is necessary
to extract confessions unobtainable by gentle means. As to punishments,
they are reduced to what is necessary to assure safety of their life
and goods to citizens.”
“You acknowledge then, Monsieur, that justice has for its object not
what is just, but what is useful, and that it is inspired only by the
interests and prejudices of peoples. Nothing is more true, and faults
are punished not in proportion to the malice attached to them, but
in view of the harm they cause, or which it is believed they cause,
to society in general. Thus, coiners are put into a copper of boiling
water, although, in reality, there is little malice in striking false
coins. But the public, and financiers in particular, suffer a marked
damage therefrom. It is this loss for which they avenge themselves with
pitiless cruelty. Thieves are hanged, less for the perversity that
lies in taking bread, and clothes, which is, by the way, excessively
small, than for the reason of the natural attachment men have for their
possessions. It is expedient to restore human justice to its true
reason—which is the material interest of men, and to disengage it from
all high philosophy—with which it pompously and hypocritically veils
itself.”
“Monsieur,” replied the little official, “I do not understand you. It
appears to me that justice is the more equitable the more useful it is,
and this usefulness itself, which makes you disdain it, ought to render
it august and sacred to you.”
“You do not understand me,” said my good master.
“Monsieur,” said the little official, “I notice that you are drinking
nothing. Your wine is good if I may judge by the colour of it. May I
not taste it?”
It is true that for the first time in his life my good master had left
some wine at the bottom of the bottle. He poured it into the little
official’s glass.
Public-domain text, read in full here on John Shaqi.
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