The Prose Works of Percy Bysshe Shelley, Vol. 1 [of 2]Shelley, Percy Bysshe
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The Prose Works of Percy Bysshe Shelley, Vol. 1 [of 2]
Shelley, Percy Bysshe
English prose literature
The only defensible intention of law, like that of every other human
institution, is very simple and clear--the good of the whole. If law
is found to accomplish this object very imperfectly, that imperfection
makes no part of the design with which men submit to its institution.
Any reasonings which tend to throw light on a subject hitherto so dark
and intricate, cannot fail, if distinctly stated, to impress mankind
very deeply, because it is a question in which the life and property
and liberty and reputation of every man are vitally involved.
For the sake of intelligible method, let us assume the ordinary
distinctions of law, those of civil and criminal law, and of the
objects of it, private and public wrongs. The author of these pages
ought not to suppress his conviction, that the principles on which
punishment is usually inflicted are essentially erroneous; and that,
in general, ten times more is apportioned to the victims of law, than
is demanded by the welfare of society, under the shape of reformation
or example. He believes that, although universally disowned, the
execrable passion of vengeance, exasperated by fear, exists as a chief
source among the secret causes of this exercise of criminal justice. He
believes also, that in questions of property, there is a vague but most
effective favouritism in courts of law and among lawyers, against the
poor to the advantage of the rich--against the tenant in favour of the
landlord--against the creditor in favour of the debtor; thus enforcing
and illustrating that celebrated maxim, against which moral science
is a perpetual effort: _To whom much is given, of him shall much be
required; and to whom men have committed much, of him they will ask the
more._
But the present purpose is, not the exposure of such mistakes as
actually exist in public opinion, but an attempt to give to public
opinion its legitimate dominion, and an uniform and unimpeded influence
to each particular case which is its object.
Public-domain text, read in full here on John Shaqi.
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