CHAPTER XI.

OATHS.

A contradiction between the laws and the natural feelings of mankind

arises from the oaths which are required of an accused, to the effect

that he will be a truthful man when it is his greatest interest to

be false; as if a man could really swear to contribute to his own

destruction, or as if religion would not be silent with most men when

their interest spoke on the other side. The experience of all ages has

shown that men have abused religion more than any other of the precious

gifts of heaven; and for what reason should criminals respect it, when

men esteemed as the wisest have often violated it? Too weak, because too

far removed from the senses, are for the mass of people the motives

which religion opposes to the tumult of fear and the love of life.

The affairs of heaven are conducted by laws absolutely different from

those which govern human affairs; so why compromise those by these?

Why place men in the terrible dilemma of either sinning against God or

concurring in their own ruin? The law, in fact, which enforces such an

oath commands a man either to be a bad Christian or to be a martyr. The

oath becomes gradually a mere formality, thus destroying the force of

religious feelings, which for the majority of men are the only pledge of

their honesty. How useless oaths are has been shown by experience, for

every judge will bear me out when I say that no oath has ever yet made

any criminal speak the truth; and the same thing is shown by reason,

which declares all laws to be useless, and consequently injurious, which

are opposed to the natural sentiments of man. Such laws incur the same

fate as dams placed directly in the main stream of a river: either they

are immediately thrown down and overwhelmed, or a whirlpool formed by

themselves corrodes and undermines them imperceptibly.

Crimes and Punishments Including a New Translation of Beccaria's 'Dei Delitti e delle Pene' · 第 11 / 42 章