II.

As to painless executions, the simple and practical way to make them

both just and popular is the adoption by murderers of a system of

painless assassinations. Until this is done there seems to be no hope

that the people will renounce the wholesome discomfort of the style

of executions endeared to them by memories and associations of the

tenderest character. There is also, I fancy, a shaping notion in the

public mind that the penologists and their allies have gone about as

far as they can safely be permitted to go in the direction of a softer

suasion of the criminal nature toward good behavior. The modern prison

has become a rather more comfortable habitation than the dangerous

classes are accustomed to at home. Modern prison life has in their eyes

something of the charm and glamor of an ideal existence, like that in

the Happy Valley from which Rasselas had the folly to escape. Whatever

advantages to the public may be secured by abating the rigors of

imprisonment and inconveniences incident to execution, there is

this objection, it makes them less deterrent. Let the penologers and

philanthrope, have their way and even hanging might be made so pleasant

and withal so interesting a social distinction that it would deter

nobody but the person hanged. Adopt the euthanasian method of

electricity, asphyxia by smothering in rose-leaves, or slow poisoning

with rich food, and the death penalty may come to be regarded as the

object of a noble ambition to the _bon vivant_, and the rising young

suicide may go and murder somebody else instead of himself in order to

receive a happier dispatch than his own 'prentice hand can assure him.

But the advocates of agreeable pains and penalties tell us that in the

darker ages, when cruel and degrading punishment was the rule, and was

freely inflicted for every light infraction of the law, crime was more

common than it is now; and in this they appear to be right. But they one

and all overlook a fact equally obvious and vastly significant: that

the intellectual, moral and social condition of the masses was very low.

Crime was more common because ignorance was more common, poverty was

more common, sins of authority, and therefore hatred of authority, were

more common. The world of even a century ago was a quite different

world from the world of today, and a vastly more uncomfortable one. The

popular adage to the contrary notwithstanding, human nature was not by a

long cut the same then that it is now. In the very ancient time of that

early English king, George III, when women were burned at the stake

in public for various offenses and men were hanged for "coining" and

children for theft, and in the still remoter period, (circa 1530) when

poisoners were boiled in several waters, divers sorts of criminals were

disemboweled and some are thought to have undergone _the pêne forte et

dure_ of cold-pressing (an infliction which the pen of Hugo has since

made popular--in literature)--in these wicked old days it is possible

that crime flourished, not because of the law's severity, but in spite

of it. It is possible that our respected and respectable ancestors

understood the situation as it then was a trifle better than we can

understand it on the hither side of this gulf of years, and that they

were not the reasonless barbarians that we think them to have been.

And if they were, what must have been the unreason and barbarity of the

criminal element with which they had to deal?

I am far from thinking that severity of punishment can have the same

restraining effect as probability of some punishment being inflicted;

but if mildness of penalty is to be superadded to difficulty of

conviction, and both are to be mounted upon laxity in detection, the

"pile" will be "complete" with a vengeance. There is a peculiar fitness,

perhaps, in the fact that all these ideas for comfortable punishment

should be urged at a time when there appears to be a tolerably general

disposition to inflict no punishment at all. There are, however, still a

few old-fashioned persons who hold it obvious that one who is ambitious

to break the laws of his country will not with as light a heart and as

airy an indifference incur the peril of a harsh penalty as he will the

chance of one more nearly resembling that which he would select for

himself.

The Shadow On The Dial, and Other Essays 1909 · 第 47 / 67 题