Who can read history without being horror-struck at the barbarous and useless torments13 which men, who were called wise, in cold blood devised and executed? Who is there but must feel his blood boil, when he regards the thousands of wretches14 whom misery15, either intended or tolerated by the laws (which have always favoured the few and outraged16 the many), has driven to a desperate return to the original state of nature; when he sees them either accused by men endowed with the same senses, and consequently with the same passions as themselves, of impossible crimes, the fiction of timid ignorance, or guilty of nothing but fidelity17 to their own principles; and when he sees them lacerated by slow tortures, subject to well-contrived formalities, an agreeable sight for a fanatical multitude?
In order that a punishment may attain18 its object, it is enough if the evil of the punishment exceeds the advantage of the crime, and in this excess of evil the certainty of punishment and the loss of the possible advantage from the crime ought to be considered as part; all beyond this is superfluous19 and consequently tyrannical. Men regulate their conduct by the reiterated20 impression of evils they know, not by reason of evils they ignore. Given two nations, in one of which, in the scale of punishments proportioned[167] to the scale of crimes, the severest penalty is perpetual servitude, and in the other the wheel; I say that the former will have as great a dread21 of its severest punishment as the latter will have; and if there be any reason for transporting to the former country the greater penalties of the other, the same reasoning will serve for increasing still more the penalties of this latter country, passing imperceptibly from the wheel to the slowest and most elaborate tortures, nay22, even to the last refinements23 of that science which tyrants understand only too well.
The more cruel punishments become, the more human minds harden, adjusting themselves, like fluids, to the level of objects around them; and the ever living force of the passions brings it about, that after a hundred years of cruel punishments, the wheel frightens men only just as much as at first did the punishment of prison.
The very severity of a punishment leads men to dare so much the more to escape it, according to the greatness of the evil in prospect24; and many crimes are thus committed to avoid the penalty of a single one. Countries and times where punishments have been most severe have ever been those where the bloodiest25 and most inhuman26 deeds have been committed, the same spirit of ferocity that guided the hand of the legislator having guided also that of the parricide27 and assassin; on the throne dictating28 iron[168] laws for the villanous souls of slaves to obey, and in the obscurity of private life urging to the slaughter29 of tyrants, only to create fresh ones in their stead.
Two other fatal consequences flow from the cruelty of punishments, and are contrary to their very purpose, the prevention of crimes. The first is, that it is not so easy to preserve the essential proportion between crime and punishment, because, however much a studied cruelty may diversify30 its forms, none of them can go beyond the extreme limit of endurance which is a condition of the human organisation31 and sensibility. When once this extreme limit is attained32, it would be impossible to invent such a corresponding increase of punishment for still more injurious and atrocious crimes as would be necessary to prevent them. The other consequence is, that impunity33 itself arises from the severity of punishments. Men are restrained within limits both in good and evil; and a sight too atrocious for humanity can only be a passing rage, not a constant system, such as the laws ought to be; if the latter are really cruel, either they are changed, or themselves give rise to a fatal impunity.
I conclude with this reflection, that the scale of punishments should be relative to the condition of a nation. On the hardened minds of a people scarcely emerged from the savage34 state the impressions made should be stronger and more sensible. One needs a[169] thunderbolt for the destruction of a fierce lion that faces round at the shot of a gun. But in proportion as men’s minds become softened35 in the social state, their sensibility increases, and commensurate with that increase should be the diminution36 of the force of punishment, if it be desired to maintain any proportion between the object and the sensation that attends it.
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1 torment | |
n.折磨;令人痛苦的东西(人);vt.折磨;纠缠 | |
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2 inflict | |
vt.(on)把…强加给,使遭受,使承担 | |
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3 undo | |
vt.解开,松开;取消,撤销 | |
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4 acting | |
n.演戏,行为,假装;adj.代理的,临时的,演出用的 | |
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5 politic | |
adj.有智虑的;精明的;v.从政 | |
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6 fanatics | |
狂热者,入迷者( fanatic的名词复数 ) | |
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7 tyrants | |
专制统治者( tyrant的名词复数 ); 暴君似的人; (古希腊的)僭主; 严酷的事物 | |
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8 shrieks | |
n.尖叫声( shriek的名词复数 )v.尖叫( shriek的第三人称单数 ) | |
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9 wretch | |
n.可怜的人,不幸的人;卑鄙的人 | |
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10 deter | |
vt.阻止,使不敢,吓住 | |
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11 inflicting | |
把…强加给,使承受,遭受( inflict的现在分词 ) | |
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12 lasting | |
adj.永久的,永恒的;vbl.持续,维持 | |
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13 torments | |
(肉体或精神上的)折磨,痛苦( torment的名词复数 ); 造成痛苦的事物[人] | |
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14 wretches | |
n.不幸的人( wretch的名词复数 );可怜的人;恶棍;坏蛋 | |
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15 misery | |
n.痛苦,苦恼,苦难;悲惨的境遇,贫苦 | |
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16 outraged | |
a.震惊的,义愤填膺的 | |
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17 fidelity | |
n.忠诚,忠实;精确 | |
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18 attain | |
vt.达到,获得,完成 | |
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19 superfluous | |
adj.过多的,过剩的,多余的 | |
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20 reiterated | |
反复地说,重申( reiterate的过去式和过去分词 ) | |
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21 dread | |
vt.担忧,忧虑;惧怕,不敢;n.担忧,畏惧 | |
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22 nay | |
adv.不;n.反对票,投反对票者 | |
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23 refinements | |
n.(生活)风雅;精炼( refinement的名词复数 );改良品;细微的改良;优雅或高贵的动作 | |
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24 prospect | |
n.前景,前途;景色,视野 | |
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25 bloodiest | |
adj.血污的( bloody的最高级 );流血的;屠杀的;残忍的 | |
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26 inhuman | |
adj.残忍的,不人道的,无人性的 | |
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27 parricide | |
n.杀父母;杀亲罪 | |
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28 dictating | |
v.大声讲或读( dictate的现在分词 );口授;支配;摆布 | |
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29 slaughter | |
n.屠杀,屠宰;vt.屠杀,宰杀 | |
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30 diversify | |
v.(使)不同,(使)变得多样化 | |
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31 organisation | |
n.组织,安排,团体,有机休 | |
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32 attained | |
(通常经过努力)实现( attain的过去式和过去分词 ); 达到; 获得; 达到(某年龄、水平、状况) | |
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33 impunity | |
n.(惩罚、损失、伤害等的)免除 | |
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34 savage | |
adj.野蛮的;凶恶的,残暴的;n.未开化的人 | |
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35 softened | |
(使)变软( soften的过去式和过去分词 ); 缓解打击; 缓和; 安慰 | |
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36 diminution | |
n.减少;变小 | |
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