CHAPTER V.

OBSCURITY OF THE LAWS.

If the interpretation of laws is an evil, it is clear that their

obscurity, which necessarily involves interpretation, must be an evil

also, and an evil which will be at its worst where the laws are written

in any other than the vernacular language of a country. For in that case

the people, being unable to judge of themselves how it may fare with

their liberty or their limbs, are made dependent on a small class of men;

and a book, which should be sacred and open to all, becomes, by virtue of

its language, a private and, so to speak, a family manual.

The greater the number of those who understand and have in their hands

the sacred code of the laws, the fewer will be the crimes committed; for

it is beyond all doubt that ignorance and uncertainty of punishments lend

assistance to the eloquence of the passions. Yet what shall we think

of mankind, when we reflect, that such a condition of the laws is the

inveterate custom of a large part of cultivated and enlightened Europe?

One consequence of these last reflections is, that without writing no

society will ever assume a fixed form of government, wherein the power

shall belong to the social whole, and not to its parts, and wherein the

laws, only alterable by the general will, shall not suffer corruption

in their passage through the crowd of private interests. Experience

and reason have taught us, that the probability and certainty of human

traditions diminish in proportion to their distance from their source. So

that if there be no standing memorial of the social contract, how will

laws ever resist the inevitable force of time and passion?

From this we see how useful is the art of printing, which makes the

public, and not a few individuals, the guardians of the sacred laws, and

which has scattered that dark spirit of cabal and intrigue, destined to

disappear before knowledge and the sciences, which, however apparently

despised, are in reality feared by those that follow in their wake. This

is the reason that we see in Europe the diminution of those atrocious

crimes that afflicted our ancestors and rendered them by turns tyrants

or slaves. Whoever knows the history of two or three centuries ago and

of our own, can see that from the lap of luxury and effeminacy have

sprung the most pleasing of all human virtues, humanity, charity, and the

toleration of human errors; he will know what have been the results of

that which is so wrongly called ‘old-fashioned simplicity and honesty.’

Humanity groaning under implacable superstition; the avarice and ambition

of a few dyeing with human blood the golden chests and thrones of kings;

secret assassinations and public massacres; every noble a tyrant to the

people; the ministers of the Gospel truth polluting with blood hands that

every day came in contact with the God of mercy—these are not the works

of this enlightened age, which some, however, call corrupt.

Crimes and Punishments Including a New Translation of Beccaria's 'Dei Delitti e delle Pene' · 第 5 / 42 章