CHAPTER XXVIII.

OF INJURIES AND OF HONOUR.

Injuries that are personal and affect a man’s honour—that is, the fair

share of favour that he has a right to expect from others—should be

punished with disgrace.

There is a remarkable contradiction between the civil laws, which set

so jealous and supreme a guard upon individual life and property, and

the laws of so-called _honour_, which set opinion above everything. This

word _honour_ is one of those that have served as the basis for long

and brilliant argumentations, without any fixed or permanent idea being

attached to it. How miserable is the condition of human minds, more

distinctly cognisant of the remotest and least important ideas about

the movements of the heavenly bodies, than of those near and important

moral notions, which are ever fluctuating and confused, according as the

winds of passion impel them and a well-guided ignorance receives and

transmits them! But the seeming paradox will vanish, if one considers,

that, as objects become confused when too near the eyes, so the too great

propinquity of moral ideas easily causes the numerous simple ideas which

compose them to become blended together, to the confusion of those clear

lines of demarcation demanded by the geometrical spirit, which would

fain measure exactly the phenomena of human sensibility. And the wonder

will vanish altogether from the impartial student of human affairs, who

will suspect that so great a moral machinery and so many restraints are

perchance not needed, in order to render men happy and secure.

This _honour_, then, is one of those complex ideas which are an

aggregate not only of simple ideas but of ideas no less complex than

themselves, and which in their various presentments to the mind now admit

and now omit some of their different component elements, only retaining

some few common ideas, just as in algebra several complex quantities

admit of a common divisor. To find this common divisor in the different

ideas that men form of _honour_, we must cast a rapid glance over the

first formation of communities.

The necessity of remedying the disorders caused by the physical despotism

of each man singly produced the first laws and the first magistrates;

this was the end and object of the institution of societies, and this

end has always been maintained, either in reality or appearance, at the

head of all codes, even of those that operated otherwise. But the closer

contact of men with one another and the progress of their knowledge

brought about an endless series of mutual actions and needs, which

ever lay beyond the foresight of the laws and below the actual power

of individuals. From this epoch began the despotism of opinion, which

afforded the only means for obtaining from others those benefits and

averting those evils, for which the laws failed to provide. It is this

opinion that is the trouble equally of the wise man and the fool; that

has raised the semblance of virtue to higher credit than virtue itself;

that even makes the rascal turn missionary, because he finds his own

interest therein. Hence the favour of men became not only useful but

necessary, if a man would not fall below the general level. Hence, not

only does the ambitious man seek after such favour as useful to himself,

and the vain man go begging for it as a proof of his merit, but the man

of honour also may be seen to require it as a necessity. This _honour_ is

a condition that very many men attach to their own existence. Born after

the formation of society, it could not be placed in the general deposit;

it is rather a momentary return to the state of nature, a momentary

withdrawal of one’s self from the dominion of those laws which, under the

circumstances, fail to afford the sufficient defence required of them.

Hence both in the state of extreme political liberty and in that of

extreme political subjection the ideas of honour disappear or get

perfectly confused with others. For in the former the despotism of the

laws renders the pursuit of the favour of others of no avail; and in

the latter state the despotism of men, by destroying civil existence,

reduces everybody to a precarious and temporary personality. Honour,

therefore, is one of the fundamental principles of those monarchies that

are a mitigated form of despotism, being to them what revolutions are to

despotic States, namely, a momentary return to the state of nature, and a

reminder to the chief ruler of the condition of primitive equality.

Crimes and Punishments Including a New Translation of Beccaria's 'Dei Delitti e delle Pene' · 第 28 / 42 章