CHAPTER XX. CERTAINTY OF PUNISHMENTS—PARDONS.

 One of the greatest preventives of crimes is, not the cruelty of the punishments attached to them, but their infallibility, and consequently that watchfulness¹ on the part of the magistrates² and that inexorable severity on the part of the judge which, to be a useful virtue³, must coincide with a mild system of laws. The certainty of a punishment, moderate though it be, will ever make a stronger impression than the fear of another, more terrible, perhaps, but associated with the hope of impunity⁴; for even the least evils when certain always terrify men’s minds, and hope, that gift of heaven, which often makes up to us for everything, always throws into the distance the idea of greater evils, especially when its force is increased by impunity, which avarice⁵ and weakness so often grant.

 

It is sometimes the custom to release a man from the punishment of a slight crime when the injured person pardons him: an act, indeed, which is in accordance with mercy and humanity but contrary to public policy; as if a private citizen could by his remission do away with the necessity of the example in the same way that he can excuse the reparation due for the offence. The right of punishing does not[190] rest with an individual, but with the community as a whole, or the sovereign. An individual can only renounce⁶ his particular portion of that right, not annul⁷ that of all the rest.

 

In proportion as punishments become milder, clemency⁸ and pardon become less necessary. Happy the nation in which their exercise should be baneful⁹! Clemency, therefore, that virtue, which has sometimes made up in a sovereign for failings in all the other duties of the throne, ought to be excluded in a perfect system of legislation, where punishments are mild and the method of trial regular and expeditious¹⁰. This truth will appear a hard one to anybody living in the present chaotic¹¹ state of the criminal law, where the necessity of pardon and favours accords with the absurdity¹² of the laws and with the severity of sentences of punishment. This right of pardon is indeed the fairest prerogative¹³ of the throne, the most desirable attribute of sovereignty; it is, however, the tacit mark of disapproval¹⁴ that the beneficent dispensers of the public happiness exhibit towards a code, which with all its imperfections claims in its favour the prejudice of ages, the voluminous and imposing¹⁵ array of innumerable commentators¹⁶, the weighty apparatus¹⁷ of unending formalities, and the adhesion of those persons of half-learning who, though less feared than real philosophers, are really more dangerous. But let it be remembered that clemency is the virtue of[191] the maker¹⁸, not of the executor, of the laws; that it should be conspicuous¹⁹ in the code of laws rather than in particular judgments²⁰; that the showing to men, that crimes may be pardoned and that punishment is not their necessary consequence, encourages the hope of impunity, and creates the belief that sentences of condemnation²¹, which might be remitted²² and are not, are rather violent exhibitions of force than emanations of justice. What shall be said then when the sovereign grants a pardon, that is, public immunity²³ to an individual, and when a private act of unenlightened kindness constitutes a public decree of impunity? Let the laws therefore be inexorable and their administrators²⁴ in particular cases inexorable, but let the law-maker be mild, merciful, and humane²⁵. Let him found his edifice²⁶, as a wise architect, on the basis of self-love; let the general interest be the sum of the interests of each, and he will no longer be constrained²⁷, by partial laws and violent remedies to separate at every moment the public welfare from that of individuals, and to raise the appearance of public security on fear and mistrust. As a profound and feeling philosopher let him allow men, that is, his brethren, to enjoy in peace that small share of happiness which is given them to enjoy in this corner of the universe, in that immense system established by the First Cause, by Him Who Is.

1 watchfulness   

警惕，留心； 警觉（性）

参考例句：

• The escort and the universal watchfulness had completely isolated him. 护送和普遍一致的监视曾经使他完全孤立。
• A due watchfulness on the movements of the enemy was maintained. 他们对敌人的行动还是相当警惕的。

2 magistrates   

地方法官，治安官( magistrate的名词复数 )

参考例句：

• to come up before the magistrates 在地方法院出庭
• He was summoned to appear before the magistrates. 他被传唤在地方法院出庭。

3 virtue   

n.德行，美德；贞操；优点；功效，效力

参考例句：

• He was considered to be a paragon of virtue.他被认为是品德尽善尽美的典范。
• You need to decorate your mind with virtue.你应该用德行美化心灵。

4 impunity   

n.(惩罚、损失、伤害等的)免除

参考例句：

• You will not escape with impunity.你不可能逃脱惩罚。
• The impunity what compulsory insurance sets does not include escapement.交强险规定的免责范围不包括逃逸。

5 avarice   

n.贪婪；贪心

参考例句：

• Avarice is the bane to happiness.贪婪是损毁幸福的祸根。
• Their avarice knows no bounds and you can never satisfy them.他们贪得无厌，你永远无法满足他们。

6 renounce   

v.放弃；拒绝承认，宣布与…断绝关系

参考例句：

• She decided to renounce the world and enter a convent.她决定弃绝尘世去当修女。
• It was painful for him to renounce his son.宣布与儿子脱离关系对他来说是很痛苦的。

7 annul   

v.宣告…无效，取消，废止

参考例句：

• They have the power to alter or annul inappropriate decisions of their own standing committees.他们有权改变或者撤销本级人民代表大会常务委员会不适当的决定。
• The courts later found grounds to annul the results,after the king urged them to sort out the "mess".在国王敦促法庭收拾烂摊子后，法庭随后宣布废除选举结果。

8 clemency   

n.温和，仁慈，宽厚

参考例句：

• The question of clemency would rest with the King.宽大处理问题，将由国王决定。
• They addressed to the governor a plea for clemency.他们向州长提交了宽刑的申辨书。

9 baneful   

adj.有害的

参考例句：

• His baneful influence was feared by all.人们都担心他所造成的有害影响。
• Lower share prices have baneful effect for companies too.更低的股价同样会有损各企业。

10 expeditious   

adj.迅速的，敏捷的

参考例句：

• They are almost as expeditious and effectual as Aladdin's lamp.他们几乎像如意神灯那么迅速有效。
• It is more convenien,expeditious and economical than telephone or telegram.它比电话或电报更方便、迅速和经济。

11 chaotic   

adj.混沌的，一片混乱的，一团糟的

参考例句：

• Things have been getting chaotic in the office recently.最近办公室的情况越来越乱了。
• The traffic in the city was chaotic.这城市的交通糟透了。

12 absurdity   

n.荒谬，愚蠢；谬论

参考例句：

• The proposal borders upon the absurdity.这提议近乎荒谬。
• The absurdity of the situation made everyone laugh.情况的荒谬可笑使每个人都笑了。

13 prerogative   

n.特权

参考例句：

• It is within his prerogative to do so.他是有权这样做的。
• Making such decisions is not the sole prerogative of managers.作这类决定并不是管理者的专有特权。

14 disapproval   

n.反对，不赞成

参考例句：

• The teacher made an outward show of disapproval.老师表面上表示不同意。
• They shouted their disapproval.他们喊叫表示反对。

15 imposing   

adj.使人难忘的，壮丽的，堂皇的，雄伟的

参考例句：

• The fortress is an imposing building.这座城堡是一座宏伟的建筑。
• He has lost his imposing appearance.他已失去堂堂仪表。

16 commentators   

n.评论员( commentator的名词复数 )；时事评论员；注释者；实况广播员

参考例句：

• Sports commentators repeat the same phrases ad nauseam. 体育解说员翻来覆去说着同样的词语，真叫人腻烦。
• Television sports commentators repeat the same phrases ad nauseam. 电视体育解说员说来说去就是那么几句话，令人厌烦。 来自《简明英汉词典》

17 apparatus   

n.装置，器械；器具，设备

参考例句：

• The school's audio apparatus includes films and records.学校的视听设备包括放映机和录音机。
• They had a very refined apparatus.他们有一套非常精良的设备。

18 maker   

n.制造者，制造商

参考例句：

• He is a trouble maker，You must be distant with him.他是个捣蛋鬼，你不要跟他在一起。
• A cabinet maker must be a master craftsman.家具木工必须是技艺高超的手艺人。

19 conspicuous   

adj.明眼的，惹人注目的；炫耀的，摆阔气的

参考例句：

• It is conspicuous that smoking is harmful to health.很明显，抽烟对健康有害。
• Its colouring makes it highly conspicuous.它的色彩使它非常惹人注目。

20 judgments   

判断( judgment的名词复数 )； 鉴定； 评价； 审判

参考例句：

• A peculiar austerity marked his judgments of modern life. 他对现代生活的批评带着一种特殊的苛刻。
• He is swift with his judgments. 他判断迅速。

21 condemnation   

n.谴责; 定罪

参考例句：

• There was widespread condemnation of the invasion. 那次侵略遭到了人们普遍的谴责。
• The jury's condemnation was a shock to the suspect. 陪审团宣告有罪使嫌疑犯大为震惊。

22 remitted   

v.免除（债务），宽恕( remit的过去式和过去分词 )；使某事缓和；寄回，传送

参考例句：

• She has had part of her sentence remitted. 她被免去部分刑期。 来自《简明英汉词典》
• The fever has remitted. 退烧了。 来自《现代英汉综合大词典》

23 immunity   

n.优惠；免除；豁免，豁免权

参考例句：

• The law gives public schools immunity from taxation.法律免除公立学校的纳税义务。
• He claims diplomatic immunity to avoid being arrested.他要求外交豁免以便避免被捕。

24 administrators   

n.管理者( administrator的名词复数 )；有管理（或行政）才能的人；（由遗嘱检验法庭指定的）遗产管理人；奉派暂管主教教区的牧师

参考例句：

• He had administrators under him but took the crucial decisions himself. 他手下有管理人员，但重要的决策仍由他自己来做。 来自辞典例句
• Administrators have their own methods of social intercourse. 办行政的人有他们的社交方式。 来自汉英文学 - 围城

25 humane   

adj.人道的，富有同情心的

参考例句：

• Is it humane to kill animals for food?宰杀牲畜来吃合乎人道吗？
• Their aim is for a more just and humane society.他们的目标是建立一个更加公正、博爱的社会。

26 edifice   

n.宏伟的建筑物(如宫殿，教室)

参考例句：

• The American consulate was a magnificent edifice in the centre of Bordeaux.美国领事馆是位于波尔多市中心的一座宏伟的大厦。
• There is a huge Victorian edifice in the area.该地区有一幢维多利亚式的庞大建筑物。

27 constrained   

adj.束缚的,节制的

参考例句：

• The evidence was so compelling that he felt constrained to accept it. 证据是那样的令人折服，他觉得不得不接受。
• I feel constrained to write and ask for your forgiveness. 我不得不写信请你原谅。