CHAPTER XLII.

CONCLUSION.

From all that has gone before a general theorem may be deduced, of great

utility, though little comformable to custom, that common lawgiver of

nations. The theorem is this: ‘In order that every punishment may not

be an act of violence, committed by one man or by many against a single

individual, it ought to be above all things public, speedy, necessary,

the least possible in the given circumstances, proportioned to its crime,

dictated by the laws.’

FOOTNOTES

[64] Note that the word Right is not opposed to the word Force; but the

former is rather a modification of the latter; that is, the modification

most advantageous to the greater number. And by justice I mean nothing

else than the chain which is necessary for holding together private

interests and preventing their breaking away into the original state of

insociability.

One must be careful not to attach to this word Justice the idea of

anything real, as of a physical force or an independent entity; it is

only a human mode of thinking, a mode that has unbounded influence over

each one’s happiness. Still less do I mean that other kind of justice

that has emanated from God, and has its immediate connection with the

penalties and rewards of a future life.

[65] If every individual is bound to society, society is no less bound to

every individual by a contract which is necessarily obligatory on both

sides. This obligation, which descends from the throne to the cabin,

which binds equally the greatest and most miserable of men, means nothing

but that it is the interest of all men that covenants advantageous to the

greater number should be observed.

The word ‘obligation’ is one of those which are much more frequent in

ethics than in any other science, and which are the abbreviated symbol

of a train of reasoning rather than of a single idea. Seek for an idea

corresponding to the word ‘obligation’ and you will seek in vain; reason

about it, and you will both understand yourself and be understood by

others.

[66] According to the criminalists the greater the atrocity of the

crime the greater the credibility of the witness. Look at the iron

maxim dictated by the most cruel stupidity: _In atrocissimis leviores

conjecture sufficiunt, et licet judici jura transgredi._ Translate this

into common language, and Europeans will see one of the very many and

equally senseless rules to which almost without knowing it they are

subject: _In the most atrocious crimes_ (that is, in the least probable)

_the slightest conjectures are enough, and the judge may legitimately

exceed the law_. Absurd legal practices are often the result of fear,

which is the principal source of all human contradictions. Legislators

(who are really only lawyers, authorised by chance to decide about

everything, and to become from interested and venal writers arbiters

and legislators about the fortunes of men), alarmed by the condemnation

of some innocent person, have loaded jurisprudence with superfluous

formalities and exceptions, the exact observance of which would cause

anarchy to sit with impunity on the throne of justice. In their fright at

some crimes of an atrocious nature and difficult to prove, they thought

themselves under the necessity of getting over the very formalities

established by themselves; and so, now with despotic impatience, now with

feminine timidity, they have transformed grave trials into a kind of

play, in which hazard and subterfuge act the principal part.

[67] In the original manuscript and the first edition there was no _not_.

It is unknown how it got in, or whether Beccaria was aware of it. Cantù,

_Beccaria_, 127.

[68] Commerce and property are not themselves an end of the social

compact, but they may be a means to reach that end. To expose all

the members of society to evils, for the production of which so many

circumstances work together, would be to subordinate ends to means—a

paralogism of all the sciences, but especially of political science,

and one into which I fell in the first editions, where I said that the

innocent bankrupt ought to be kept guarded in pledge of his debts or

employed as a slave to labour for his creditors. I am ashamed of having

so written. I have been accused of irreligion without deserving to be,

and I have been accused of sedition without deserving to be. I offended

the rights of humanity, and no one reproached me for it!

[69] Where a country’s boundaries increase at a greater rate than its

population, there luxury favours despotism, firstly, because scarcity of

men means less industry, and less industry means a greater dependence

of poverty upon wealth, and greater difficulty and less dread of a

combination of the oppressed against their oppressors; secondly, because

the flatteries, the services, the distinctions, the submission, which

cause the difference between the strong man and the feeble to be all the

more felt, are more easily obtained from few men than from many, since

men are more independent the less subject they are to observation, and

are the less subject to observation the more numerous they are. But

where the population increases at a faster rate than the boundaries are

enlarged, luxury is opposed to despotism, because it gives life to men’s

industry and activity, and the necessity of the poor man offers too

many pleasures and comforts to the rich man for the pleasures of pure

ostentation, which increase the idea of dependence, to have the greater

place. Hence it is observable that in large, weak, and depopulated

States, unless there are counteracting causes, the luxury of ostentation

prevails over the luxury of comfort; but in populous rather than large

States the luxury of comfort always causes the diminution of that of

ostentation.

[70] This attraction resembles in many points that of gravitation, which

moves the universe, because, like it, it diminishes with distance; and if

the one force controls all the movements of physical bodies, the other

controls those of the mind during the continuance of its sway. But they

differ in this, that, whilst gravitation is counterbalanced by obstacles,

the other for the most part gains force and strength from the increase of

the very obstacles opposed to it.

LONDON: PRINTED BY

SPOTTISWOODE AND CO., NEW-STREET SQUARE

AND PARLIAMENT STREET

End of Project Gutenberg's Crimes and Punishments, by James Anson Farrer

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