CHAPTER XXIX.

DUELS.

From this necessity of the favour of other people arose private duels,

which sprang up precisely in an anarchical state of the laws. It is said

they were unknown to antiquity, perhaps because the ancients did not

meet suspiciously armed in the temples, the theatres, or with friends;

perhaps because the duel was an ordinary and common sight, presented to

the people by gladiators, who were slaves or low people, and freemen

disdained to be thought and called private gladiators. In vain has it

been sought to extirpate the custom by edicts of death against any man

accepting a challenge, for it is founded on that which some men fear

more than death; since without the favour of his fellows the man of

honour foresees himself exposed either to become a merely solitary being,

a condition insufferable to a sociable man, or to become the butt of

insults and disgrace which, from their constant operation, prevail over

the fear of punishment. Why is it that the lower orders do not for the

most part fight duels like the great? Not only because they are disarmed,

but because the need of the favour of others is less general among the

people than among those who, in higher ranks, regard themselves with

greater suspicion and jealousy.

It is not useless to repeat what others have written, namely, that the

best method of preventing this crime is to punish the aggressor—in other

words, the man who gives rise to the duel—declaring him to be innocent

who without his own fault has been constrained to defend that which

existing laws do not assure to him, that is, opinion.

Crimes and Punishments Including a New Translation of Beccaria's 'Dei Delitti e delle Pene' · 第 29 / 42 章