CHAPTER XXX.

THEFTS.

Thefts without violence should be punished by fine. He who enriches

himself at another’s expense ought to suffer at his own. But, as theft is

generally only the crime of wretchedness and despair, the crime of that

unhappy portion of mankind to whom the right of property (a terrible,

and perhaps not necessary right[67]) has left but a bare subsistence;

and as pecuniary penalties increase the number of criminals above the

number of crimes, depriving the innocent of their bread in order to give

it to the wicked, the fittest punishment will be that kind of servitude

which alone can be called just, namely, the temporary servitude of a

man’s labour and person for the compensation of society, the personal

and absolute dependence due from a man who has essayed to exercise

an unjust superiority over the social compact. But when the theft is

accompanied with violence, the punishment also should be a combination

of corporal and servile punishment. Some previous writers have shown the

evident abuse that arises from not distinguishing punishments for thefts

of violence from those for thefts of cunning, thus making an absurd

equation between a large sum of money and the life of a man. For they

are crimes of a different nature; and in politics, as in mathematics,

this axiom is most certain, that between heterogeneous quantities the

terms of difference are infinite; but it is never superfluous to repeat

what has hardly ever been put into practice. Political machinery more

than anything else retains the motion originally given to it, and is the

slowest to adapt itself to a fresh one.

Crimes and Punishments Including a New Translation of Beccaria's 'Dei Delitti e delle Pene' · 第 30 / 42 章