CHAPTER XXII.

OF PROSCRIPTION.

The second question is, whether it is expedient to place a reward on the

head of a known criminal, and to make of every citizen an executioner

by arming him against the offender. Either the criminal has fled from

his country or he is still within it. In the first case the sovereign

encourages the commission of a crime and exposes its author to a

punishment, being thereby guilty of an injury and of an usurpation of

authority in the dominions of another, and authorising other nations

to do the same by himself. In the second case the sovereign displays

his own weakness, for he who has the power wherewith to defend himself

seeks not to purchase it. Moreover, such an edict upsets all ideas of

morality and virtue, which are ever ready to vanish from the human

mind at the very slightest breath. Now the laws invite to treachery,

and anon they punish it; with one hand the legislator tightens the

bonds of the family, of kindred, and of friendship, whilst with the

other he rewards whosoever violates and despises them; always in

self-contradiction, he at one moment invites to confidence the suspicious

natures of men, and at another scatters mistrust broadcast among them.

Instead of preventing one crime, he causes a hundred. These are the

resources of weak nations, whose laws are but the temporary repairs of

a ruined building that totters throughout. In proportion as a nation

becomes enlightened, good faith and mutual confidence become necessary,

and tend ever more to identify themselves with true policy. Tricks,

intrigues, dark and indirect paths, are for the most part foreseen, and

the general quickness of all men collectively over-reaches and blunts

that of single individuals. The very ages of ignorance, in which public

morality inclines men to obey the dictates of private morality, serve

as instruction and experience for the ages of enlightenment. But laws

which reward treachery and stir up clandestine hostility by spreading

mutual suspicion among citizens, are opposed to this union of private and

public morality, a union which is so necessary, and to the observance of

which individuals might owe their happiness, nations their peace, and

the universe a somewhat longer period of quiet and repose from the evils

which at present pervade it.

Crimes and Punishments Including a New Translation of Beccaria's 'Dei Delitti e delle Pene' · 第 22 / 42 章