The death penalty therefore is not a right; I have proved that it cannot be so; but it is a war of a nation against one of its members, because his annihilation is deemed necessary and expedient7. But if I can show that his death is neither necessary nor expedient, I shall have won the cause of humanity.
The death of a citizen can only be deemed necessary for two reasons. The first is when, though deprived of his personal freedom, he has still such connections and power as threaten the national security; when his existence is capable of producing a dangerous revolution in the established form of government. The death of a citizen becomes then necessary when the nation is recovering or losing its liberty, or in a time of anarchy8, when confusion takes the place of laws; but in times when the laws hold undisturbed sway, when the form of government corresponds with the wishes of a united nation, and is defended internally and externally by force, and by opinion which is perhaps even stronger than force, where the supreme9 power rests only with the real sovereign, and riches serve to purchase pleasures but not places, I see no necessity for destroying a citizen, except when his death might be the real and only restraint for diverting others from committing crimes; this latter[171] case constituting the second reason for which one may believe capital punishment to be both just and necessary.
Since mankind generally, suspicious always of the language of reason, but ready to bow to that of authority, remain unpersuaded by the experience of all ages, in which the supreme punishment has never diverted resolute10 men from committing offences against society; since also they are equally unmoved by the example of the Romans and by twenty years of the reign3 of the Empress Elizabeth of Russia, during which she presented this illustrious example to the fathers of their people, an example which is at least equivalent to many conquests bought by the blood of her country’s sons, it is sufficient merely to consult human nature itself, to perceive the truth of the assertion I have made.
The greatest effect that any punishment has upon the human mind is not to be measured by its intensity11 but by its duration, for our sensibility is more easily and permanently12 affected13 by very slight but repeated impressions than by a strong but brief shock. Habit holds universal sway over every sentient14 being, and as we speak and walk and satisfy our needs by its aid, so moral ideas only stamp themselves on our mind by long and repeated impressions. It is not the terrible yet brief sight of a criminal’s death, but the long and painful example of a man deprived of[172] his liberty, who, having become as it were a beast of burthen, repays with his toil15 the society he has offended, which is the strongest restraint from crimes. Far more potent16 than the fear of death, which men ever have before their eyes in the remote distance, is the thought, so efficacious from its constant recurrence17: ‘I myself shall be reduced to as long and miserable18 a condition if I commit similar misdeeds.’
Capital punishment makes an impression in prospect19 which, with all its force, does not fully20 meet that ready spirit of forgetfulness, so natural to man even in his most important concerns, and so liable to be accelerated by his passions. As a general rule, men are startled by the sight of violent sufferings, but not for long, and therefore such impressions are wont21 so to transform them as to make of ordinary men either Persians or Spartans22; but in a free and settled government impressions should rather be frequent than strong.
Capital punishment becomes a spectacle for the majority of mankind, and a subject for compassion23 and abhorrence25 for others; the minds of the spectators are more filled with these feelings than with the wholesome26 terror the law pretends to inspire. But in moderate and continuing penalties the latter is the predominant feeling, because it is the only one. The limit, which the legislator should affix27 to the severity of penalties, appears to lie in the first signs of a feeling[173] of compassion becoming uppermost in the minds of the spectators, when they look upon the punishment rather as their own than as that of the criminal.
In order that a punishment may be just, it must contain only such degrees of intensity as suffice to deter28 men from crimes. But as there is no one who on reflection would choose the total and perpetual loss of his liberty, however great the advantages offered him by a crime, the intensity of the punishment of servitude for life, substituted for capital punishment, has that in it which is sufficient to daunt29 the most determined30 courage. I will add that it is even more deterrent31 than death. Very many men face death calmly and firmly, some from fanaticism32, some from vanity, which almost always attends a man to the tomb; others from a last desperate attempt either no longer to live or to escape from their misery33; but neither fanaticism nor vanity have any place among fetters34 and chains, under the stick, under the yoke35, in a cage of iron; the wretch36 thus punished is so far from terminating his miseries37 that with his punishment he only begins them.
The mind of man offers more resistance to violence and to extreme but brief pains than it does to time and to incessant38 weariness; for whilst it can, so to speak, gather itself together for a moment to repel39 the former, its vigorous elasticity40 is insufficient41 to resist the long and repeated action of the latter. In the[174] case of capital punishment, each example presented of it is all that a single crime affords; in penal6 servitude for life, a single crime serves to present numerous and lasting42 warnings. And if it be important that the power of the laws should often be witnessed, there ought to be no long intervals44 between the examples of the death penalty; but this would presuppose the frequency of crimes, so that, to render the punishment effective, it must not make on men all the impression that it ought to make, in other words, it must be useful and not useful at the same time. And should it be objected that perpetual servitude is as painful as death, and therefore equally cruel, I will reply, that, taking into consideration all the unhappy moments of servitude, it will perhaps be even more painful than death; but whilst these moments are spread over the whole of a lifetime, death exercises all its force in a single moment. There is also this advantage in penal servitude, that it has more terrors for him who sees it than for him who suffers it, for the former thinks of the whole sum-total of unhappy moments, whilst the latter, by the unhappiness of the present moment, has his thoughts diverted from that which is to come. All evils are magnified in imagination, and every sufferer finds resources and consolations45 unknown to and unbelieved in by spectators, who substitute their own sensibility for the hardened soul of a criminal.
The following is the kind of reasoning adopted[175] by the thief or the assassin, whose only motives46 for not breaking the laws are the gallows47 or the wheel. (I know that the analysis of one’s own thoughts is an art only learnt by education, but a thief does not the less act according to certain principles because he is unable to express them). ‘Of what sort,’ he argues, ‘are these laws that I am bound to observe, that leave so great an interval43 between myself and the rich man? He denies me the penny I ask of him, and excuses himself by ordering from me a work of which he himself knows nothing. Who has made these laws? Were they not made by rich and powerful men, who have never deigned48 to visit the wretched hovels of the poor, who have never divided a musty loaf of bread amid the innocent cries of famished49 children and the tears of a wife? Let us break these bonds, which are fatal to the greater number, and only useful to a few indolent tyrants50; let us attack injustice51 in its source. I will return to my state of natural independence; I will live for some time happy and free on the fruits of my courage and address; and if the day should ever come when I have to suffer and repent52 for it, the time of suffering will be short, and I shall have one day of misery for many years of liberty and pleasure. As the king of a small band, I will correct the errors of fortune, and see these tyrants pale and tremble before one, whom in their insolent53 arrogance54 they rated lower than their[176] horses or their dogs.’ Then religion hovers55 before the mind of the criminal, who turns everything to a bad use, and offering him a facile repentance56 and an almost certain eternity57 of bliss58 does much to diminish in his eyes the horror of that last tragedy of all.
But the man who sees in prospect a great number of years, or perhaps the whole of his life, to be passed in servitude and suffering before the eyes of fellow-citizens with whom he is living in freedom and friendship, the slave of those laws which had once protected him, makes a useful comparison of all these circumstances with the uncertain result of his crimes and with the shortness of the time for which he would enjoy their fruits. The ever present example of those whom he actually sees the victims of their own imprudence, impresses him much more strongly than the sight of a punishment which hardens rather than corrects him.
Capital punishment is injurious by the example of barbarity it presents. If human passions, or the necessities of war, have taught men to shed one another’s blood, the laws, which are intended to moderate human conduct, ought not to extend the savage59 example, which in the case of a legal execution is all the more baneful60 in that it is carried out with studied formalities. To me it seems an absurdity61, that the laws, which are the expression of the public will, which abhor24 and which punish murder, should themselves[177] commit one; and that, to deter citizens from private assassination62, they should themselves order a public murder. What are the true and the most useful laws? Are they not those covenants63 and conditions which all would wish observed and proposed, when the incessant voice of private interest is hushed or is united with the interest of the public? What are every man’s feelings about capital punishment? Let us read them in the gestures of indignation and scorn with which everyone looks upon the executioner, who is, after all, an innocent administrator64 of the public will, a good citizen contributory to the public welfare, an instrument as necessary for the internal security of a State as brave soldiers are for its external. What, then, is the source of this contradiction; and why is this feeling, in spite of reason, ineradicable in mankind? Because men in their most secret hearts, that part of them which more than any other still preserves the original form of their first nature, have ever believed that their lives lie at no one’s disposal, save in that of necessity alone, which, with its iron sceptre, rules the universe.
What should men think when they see wise magistrates65 and grave priests of justice with calm indifference66 causing a criminal to be dragged by their slow procedure to death; or when they see a judge, whilst a miserable wretch in the convulsions of his last agonies is awaiting the fatal blow, pass away[178] coldly and unfeelingly, perhaps even with a secret satisfaction in his authority, to enjoy the comforts and pleasures of life? ‘Ah’ they will say, ‘these laws are but the pretexts67 of force, and the studied cruel formalities of justice are but a conventional language, used for the purpose of immolating68 us with greater safety, like victims destined69 in sacrifice to the insatiable idol70 of tyranny. That assassination which they preach to us as so terrible a misdeed we see nevertheless employed by them without either scruple71 or passion. Let us profit by the example. A violent death seemed to us a terrible thing in the descriptions of it that were made to us, but we see it is a matter of a moment. How much less terrible will it be for a man who, not expecting it, is spared all that there is of painful in it.’
Such are the fatal arguments employed, if not clearly, at least vaguely72, by men disposed to crimes, among whom, as we have seen, the abuse of religion is more potent than religion itself.
If I am confronted with the example of almost all ages and almost all nations who have inflicted73 the punishment of death upon some crimes, I will reply, that the example avails nothing before truth, against which there is no prescription74 of time; and that the history of mankind conveys to us the idea of an immense sea of errors, among which a few truths, confusedly and at long intervals, float on the surface.[179] Human sacrifices were once common to almost all nations, yet who for that reason will dare defend them? That some few states, and for a short time only, should have abstained75 from inflicting76 death, rather favours my argument than otherwise, because such a fact is in keeping with the lot of all great truths, whose duration is but as of a lightning flash in comparison with the long and darksome night that envelops77 mankind. That happy time has not yet arrived when truth, as error has hitherto done, shall belong to the majority of men; and from this universal law of the reign of error those truths alone have hitherto been exempt78, which supreme wisdom has seen fit to distinguish from others, by making them the subject of a special revelation.
The voice of a philosopher is too feeble against the noise and cries of so many followers79 of blind custom, but the few wise men scattered80 over the face of the earth will respond to me from their inmost hearts; and, amid the many obstacles that keep it from a monarch81, should truth perchance arrive in spite of him at his throne, let him know that it comes there attended by the secret wishes of all men; let him know that before his praises the bloody82 fame of conquerors83 will be silenced, and that posterity84, which is just, will assign him the foremost place among the pacific triumphs of a Titus, an Antonine, or a Trajan.
[180]
Happy were humanity, if laws were now dictated85 to it for the first time, when we see on the thrones of Europe beneficent monarchs86, men who encourage the virtues87 of peace, the sciences and the arts, who are fathers to their people, who are crowned citizens, and the increase of whose authority forms the happiness of their subjects, because it removes that intermediate despotism, more cruel because less secure, by which the people’s wishes, always sincere, and always attended to when they can reach the throne, have been usually intercepted88 and suppressed. If they, I say, suffer the ancient laws to exist, it is owing to the infinite difficulties of removing from errors the revered89 rust90 of many ages; which is a reason for enlightened citizens to desire with all the greater ardour the continual increase of their authority.
点击
收听单词发音
收听单词发音 |
1
prodigality
|
|
| n.浪费，挥霍 | |
参考例句： |
|
|
|
|
2
slaughter
|
|
| n.屠杀，屠宰；vt.屠杀，宰杀 | |
参考例句： |
|
|
|
|
3
reign
|
|
| n.统治时期，统治，支配，盛行；v.占优势 | |
参考例句： |
|
|
|
|
4
aggregate
|
|
| adj.总计的，集合的；n.总数；v.合计；集合 | |
参考例句： |
|
|
|
|
5
killing
|
|
| n.巨额利润；突然赚大钱，发大财 | |
参考例句： |
|
|
|
|
6
penal
|
|
| adj.刑罚的；刑法上的 | |
参考例句： |
|
|
|
|
7
expedient
|
|
| adj.有用的，有利的；n.紧急的办法，权宜之计 | |
参考例句： |
|
|
|
|
8
anarchy
|
|
| n.无政府状态；社会秩序混乱，无秩序 | |
参考例句： |
|
|
|
|
9
supreme
|
|
| adj.极度的，最重要的；至高的，最高的 | |
参考例句： |
|
|
|
|
10
resolute
|
|
| adj.坚决的，果敢的 | |
参考例句： |
|
|
|
|
11
intensity
|
|
| n.强烈，剧烈；强度；烈度 | |
参考例句： |
|
|
|
|
12
permanently
|
|
| adv.永恒地，永久地，固定不变地 | |
参考例句： |
|
|
|
|
13
affected
|
|
| adj.不自然的，假装的 | |
参考例句： |
|
|
|
|
14
sentient
|
|
| adj.有知觉的，知悉的；adv.有感觉能力地 | |
参考例句： |
|
|
|
|
15
toil
|
|
| vi.辛劳工作，艰难地行动；n.苦工，难事 | |
参考例句： |
|
|
|
|
16
potent
|
|
| adj.强有力的，有权势的；有效力的 | |
参考例句： |
|
|
|
|
17
recurrence
|
|
| n.复发，反复，重现 | |
参考例句： |
|
|
|
|
18
miserable
|
|
| adj.悲惨的，痛苦的；可怜的，糟糕的 | |
参考例句： |
|
|
|
|
19
prospect
|
|
| n.前景，前途；景色，视野 | |
参考例句： |
|
|
|
|
20
fully
|
|
| adv.完全地，全部地，彻底地；充分地 | |
参考例句： |
|
|
|
|
21
wont
|
|
| adj.习惯于；v.习惯；n.习惯 | |
参考例句： |
|
|
|
|
22
spartans
|
|
| n.斯巴达（spartan的复数形式） | |
参考例句： |
|
|
|
|
23
compassion
|
|
| n.同情，怜悯 | |
参考例句： |
|
|
|
|
24
abhor
|
|
| v.憎恶；痛恨 | |
参考例句： |
|
|
|
|
25
abhorrence
|
|
| n.憎恶；可憎恶的事 | |
参考例句： |
|
|
|
|
26
wholesome
|
|
| adj.适合；卫生的；有益健康的；显示身心健康的 | |
参考例句： |
|
|
|
|
27
affix
|
|
| n.附件，附录 vt.附贴，盖(章)，签署 | |
参考例句： |
|
|
|
|
28
deter
|
|
| vt.阻止，使不敢，吓住 | |
参考例句： |
|
|
|
|
29
daunt
|
|
| vt.使胆怯，使气馁 | |
参考例句： |
|
|
|
|
30
determined
|
|
| adj.坚定的；有决心的 | |
参考例句： |
|
|
|
|
31
deterrent
|
|
| n.阻碍物，制止物；adj.威慑的，遏制的 | |
参考例句： |
|
|
|
|
32
fanaticism
|
|
| n.狂热，盲信 | |
参考例句： |
|
|
|
|
33
misery
|
|
| n.痛苦，苦恼，苦难；悲惨的境遇，贫苦 | |
参考例句： |
|
|
|
|
34
fetters
|
|
| n.脚镣( fetter的名词复数 )；束缚v.给…上脚镣，束缚( fetter的第三人称单数 ) | |
参考例句： |
|
|
|
|
35
yoke
|
|
| n.轭；支配；v.给...上轭，连接，使成配偶 | |
参考例句： |
|
|
|
|
36
wretch
|
|
| n.可怜的人，不幸的人；卑鄙的人 | |
参考例句： |
|
|
|
|
37
miseries
|
|
| n.痛苦( misery的名词复数 )；痛苦的事；穷困；常发牢骚的人 | |
参考例句： |
|
|
|
|
38
incessant
|
|
| adj.不停的，连续的 | |
参考例句： |
|
|
|
|
39
repel
|
|
| v.击退，抵制，拒绝，排斥 | |
参考例句： |
|
|
|
|
40
elasticity
|
|
| n.弹性，伸缩力 | |
参考例句： |
|
|
|
|
41
insufficient
|
|
| adj.(for，of)不足的，不够的 | |
参考例句： |
|
|
|
|
42
lasting
|
|
| adj.永久的，永恒的；vbl.持续，维持 | |
参考例句： |
|
|
|
|
43
interval
|
|
| n.间隔，间距；幕间休息，中场休息 | |
参考例句： |
|
|
|
|
44
intervals
|
|
| n.[军事]间隔( interval的名词复数 )；间隔时间；[数学]区间；（戏剧、电影或音乐会的）幕间休息 | |
参考例句： |
|
|
|
|
45
consolations
|
|
| n.安慰，慰问( consolation的名词复数 )；起安慰作用的人（或事物） | |
参考例句： |
|
|
|
|
46
motives
|
|
| n.动机，目的( motive的名词复数 ) | |
参考例句： |
|
|
|
|
47
gallows
|
|
| n.绞刑架，绞台 | |
参考例句： |
|
|
|
|
48
deigned
|
|
| v.屈尊，俯就( deign的过去式和过去分词 ) | |
参考例句： |
|
|
|
|
49
famished
|
|
| adj.饥饿的 | |
参考例句： |
|
|
|
|
50
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 | |
参考例句： |
|
|
|
|
51
injustice
|
|
| n.非正义，不公正，不公平，侵犯（别人的）权利 | |
参考例句： |
|
|
|
|
52
repent
|
|
| v.悔悟，悔改，忏悔，后悔 | |
参考例句： |
|
|
|
|
53
insolent
|
|
| adj.傲慢的，无理的 | |
参考例句： |
|
|
|
|
54
arrogance
|
|
| n.傲慢，自大 | |
参考例句： |
|
|
|
|
55
hovers
|
|
| 鸟( hover的第三人称单数 )； 靠近（某事物）； （人）徘徊； 犹豫 | |
参考例句： |
|
|
|
|
56
repentance
|
|
| n.懊悔 | |
参考例句： |
|
|
|
|
57
eternity
|
|
| n.不朽，来世；永恒，无穷 | |
参考例句： |
|
|
|
|
58
bliss
|
|
| n.狂喜，福佑，天赐的福 | |
参考例句： |
|
|
|
|
59
savage
|
|
| adj.野蛮的；凶恶的，残暴的；n.未开化的人 | |
参考例句： |
|
|
|
|
60
baneful
|
|
| adj.有害的 | |
参考例句： |
|
|
|
|
61
absurdity
|
|
| n.荒谬，愚蠢；谬论 | |
参考例句： |
|
|
|
|
62
assassination
|
|
| n.暗杀；暗杀事件 | |
参考例句： |
|
|
|
|
63
covenants
|
|
| n.（有法律约束的）协议( covenant的名词复数 )；盟约；公约；（向慈善事业、信托基金会等定期捐款的）契约书 | |
参考例句： |
|
|
|
|
64
administrator
|
|
| n.经营管理者，行政官员 | |
参考例句： |
|
|
|
|
65
magistrates
|
|
| 地方法官，治安官( magistrate的名词复数 ) | |
参考例句： |
|
|
|
|
66
indifference
|
|
| n.不感兴趣，不关心，冷淡，不在乎 | |
参考例句： |
|
|
|
|
67
pretexts
|
|
| n.借口，托辞( pretext的名词复数 ) | |
参考例句： |
|
|
|
|
68
immolating
|
|
| v.宰杀…作祭品( immolate的现在分词 ) | |
参考例句： |
|
|
|
|
69
destined
|
|
| adj.命中注定的；(for)以…为目的地的 | |
参考例句： |
|
|
|
|
70
idol
|
|
| n.偶像，红人，宠儿 | |
参考例句： |
|
|
|
|
71
scruple
|
|
| n./v.顾忌，迟疑 | |
参考例句： |
|
|
|
|
72
vaguely
|
|
| adv.含糊地，暖昧地 | |
参考例句： |
|
|
|
|
73
inflicted
|
|
| 把…强加给，使承受，遭受( inflict的过去式和过去分词 ) | |
参考例句： |
|
|
|
|
74
prescription
|
|
| n.处方，开药；指示，规定 | |
参考例句： |
|
|
|
|
75
abstained
|
|
| v.戒（尤指酒），戒除( abstain的过去式和过去分词 )；弃权（不投票） | |
参考例句： |
|
|
|
|
76
inflicting
|
|
| 把…强加给，使承受，遭受( inflict的现在分词 ) | |
参考例句： |
|
|
|
|
77
envelops
|
|
| v.包围，笼罩，包住( envelop的第三人称单数 ) | |
参考例句： |
|
|
|
|
78
exempt
|
|
| adj.免除的；v.使免除；n.免税者，被免除义务者 | |
参考例句： |
|
|
|
|
79
followers
|
|
| 追随者( follower的名词复数 )； 用户； 契据的附面； 从动件 | |
参考例句： |
|
|
|
|
80
scattered
|
|
| adj.分散的，稀疏的；散步的；疏疏落落的 | |
参考例句： |
|
|
|
|
81
monarch
|
|
| n.帝王，君主，最高统治者 | |
参考例句： |
|
|
|
|
82
bloody
|
|
| adj.非常的的；流血的；残忍的；adv.很；vt.血染 | |
参考例句： |
|
|
|
|
83
conquerors
|
|
| 征服者，占领者( conqueror的名词复数 ) | |
参考例句： |
|
|
|
|
84
posterity
|
|
| n.后裔，子孙，后代 | |
参考例句： |
|
|
|
|
85
dictated
|
|
| v.大声讲或读( dictate的过去式和过去分词 )；口授；支配；摆布 | |
参考例句： |
|
|
|
|
86
monarchs
|
|
| 君主，帝王( monarch的名词复数 ) | |
参考例句： |
|
|
|
|
87
virtues
|
|
| 美德( virtue的名词复数 )； 德行； 优点； 长处 | |
参考例句： |
|
|
|
|
88
intercepted
|
|
| 拦截( intercept的过去式和过去分词 )； 截住； 截击； 拦阻 | |
参考例句： |
|
|
|
|
89
revered
|
|
| v.崇敬，尊崇，敬畏( revere的过去式和过去分词 ) | |
参考例句： |
|
|
|
|
90
rust
|
|
| n.锈；v.生锈；(脑子)衰退 | |
参考例句： |
|
|
|
| 欢迎访问英文小说网 |