The _penal_ laws, in exhibiting terrifying objects to man, who must be supposed susceptible of fear, presents him with motives calculated to have an influence over his will. The idea of pain, the privation of liberty, the fear of death, are, to a being well constituted, in the full enjoyment of his faculties, very puissant obstacles, that strongly oppose themselves to the impulse of his unruly desires: when these do not coerce his will, when they fail to arrest his progress, he is an irrational being; a madman; a being badly organized; against whom society has the right to guarantee itself; against whom it has a right to take measures for its own security. Madness is, without doubt, an involuntary, a necessary state; nevertheless, no one feels it unjust to deprive the insane of their liberty, although their actions can only be imputed to the derangement of their brain. The wicked are men whose brain is either constantly or transitorily disturbed; still they must be punished by reason of the evil they commit; they must always be placed in the impossibility of injuring society: if no hope remains of bringing them back to a reasonable conduct--if every prospect of recalling them to their duty has vanished--if they cannot be made to adopt a mode of action conformable to the great end of association--they must be for ever excluded its benefits. It will not be requisite to examine here, how far the punishments which society inflicts upon those who offend against it, may be reasonably carried. Reason should seem to indicate that the law ought to shew to the necessary crimes of man, all the indulgence that is compatible with the conservation of society. The system of fatalism, as we have seen, does not leave crime unpunished; but it is, at least, calculated to moderate the barbarity with which a number of nations punish the victims to their anger. This cruelty becomes still more absurd, when experience has shewn its inutility: the habit of witnessing ferocious punishments familiarizes criminals with the idea. If it be true that society possesses the right of taking away the life of its members--if it be really a fact, that the death of a criminal, thenceforth useless, can be advantageous for society, which it will be necessary to examine, humanity, at least, exacts that this death should not be accompanied with useless tortures; with which laws, perhaps in this instance too rigorous, frequently seem to delight in overwhelming their victim. This cruelty seems to defeat its own end, it only serves to make the culprit, who is immolated to the public vengeance, suffer without any advantage to society; it moves the compassion of the spectator, interests him in favor of the miserable offender who groans under its weight; it impresses nothing upon the wicked, but the sight of those cruelties destined for himself; which but too frequently renders him more ferocious, more cruel, more the enemy of his associates: if the