They who have thought that the criminal’s intention was the true measure of crimes were in the wrong. For the intention depends on the actual impression of things upon a man, and on his precedent4 mental disposition5, things which vary in all men and in each man, according to the very rapid succession of his ideas, his passions, and his circumstances. It would, therefore, be necessary to form not only a particular code for each citizen, but a fresh law for every crime. Sometimes with the best intentions men do the greatest evil to society; and sometimes with the very worst they do it the greatest good.
Others again measure crimes rather by the rank of the person injured than by their importance in regard to the public weal. Were this the true measure of crimes, any act of irreverence6 towards the Supreme7 Being should be punished more severely8 than the assassination9 of a monarch10, whereas the superiority of His nature affords an infinite compensation for the difference of the offence.
Lastly, some have thought that the gravity of an act’s sinfulness should be an element in the measure of crimes. But an impartial11 observer of the true relations between man and man, and between man[201] and God, will easily perceive the fallacy of this opinion. For the former relationship is one of equality; necessity alone, from the clash of passions and opposing interests, having given rise to the idea of the public utility, the basis of human justice. But the other relationship is one of dependence12 on a perfect Being and Creator, who has reserved to Himself alone the right of being at the same time legislator and judge, and can alone unite the two functions without bad effects. If He has decreed eternal punishments to those who disobey His omnipotence13, what insect shall dare to take the place of Divine justice, or shall wish to avenge14 that Being, who is all-sufficient to Himself, who can receive from things no impression of pleasure nor of pain, and who alone of all beings acts without reaction? The degree of sinfulness in an action depends on the unsearchable wickedness of the heart, which cannot be known by finite beings without a revelation. How, then, found thereon a standard for the punishment of crimes? In such a case men might punish when God pardons, and pardon when God punishes. If men can act contrary to the Almighty15 by offending Him, they may also do so in the punishments they inflict16.
点击收听单词发音
1 fully | |
adv.完全地,全部地,彻底地;充分地 | |
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2 primitive | |
adj.原始的;简单的;n.原(始)人,原始事物 | |
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3 investigation | |
n.调查,调查研究 | |
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4 precedent | |
n.先例,前例;惯例;adj.在前的,在先的 | |
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5 disposition | |
n.性情,性格;意向,倾向;排列,部署 | |
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6 irreverence | |
n.不尊敬 | |
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7 supreme | |
adj.极度的,最重要的;至高的,最高的 | |
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8 severely | |
adv.严格地;严厉地;非常恶劣地 | |
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9 assassination | |
n.暗杀;暗杀事件 | |
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10 monarch | |
n.帝王,君主,最高统治者 | |
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11 impartial | |
adj.(in,to)公正的,无偏见的 | |
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12 dependence | |
n.依靠,依赖;信任,信赖;隶属 | |
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13 omnipotence | |
n.全能,万能,无限威力 | |
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14 avenge | |
v.为...复仇,为...报仇 | |
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15 almighty | |
adj.全能的,万能的;很大的,很强的 | |
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16 inflict | |
vt.(on)把…强加给,使遭受,使承担 | |
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