PHI LOS 0 P H Y . - Classic Works of Apologetics Online

S90
of CrimtJ I1nd Punishments.
criminal should encourage him, or others by his example,
to repeat the same crime, or to commit different
crimes, i~ the sole con~ideration which authorizes
the infliction of punishment by human laws. Now
'-that, whatever it be, which is the cause and end of
the punishment, ought undoubtedly to regalate the
measure of its severity. But this cause appears to be
founded, not in the guilt of the offender, but in the
necessity of preventing the repetition of the offence.
'And from hence results the reason, that crimes are
not by any governmcIlt punished in proportion to
their guil~, nor in all cases ought to be ~o, but in pro·
porti~)fl to [he difficulty and the necessity of prevent-
I ing them. Thus the stealing of goods privately out
\of· a :,hop, may n()t, in its moral quality ~ be 1110re
criminal than the stealing of [hem out of· a house;
yet, being equally necessary, and nlore difficult to be
prevented, the la w, in certain circumstances, denoonces
against it a severer punishment. The crime
must be preVeIlted by some means or other; and con ..
sequently, what.ever means appear - necessary to tt1is
end~ whether ttley be proportionable to the guilt of"
the criminal or not, are adopted rightly, because they
are adopted upon the priIlciple which alone ju;..tifies
-the infliction of punishment at all. Froln the saIne
, ccn~ideration it also foilo\\'s, that pU11ishment ought
\ not to be employed, much less rendered severe, ~,',:hell
t. the crin1e can be prevented by all)' other llleaJlS.
r Punishment is an (:vil to which the magistrate resorts
, only from its being necessary to the prevention of a
greater. This necessity does not exist, when the
end may he atrained, that is, when the public may
be defended froIn the effects of the crilne, by an}r
other expedient. The sanguinary laws which have
been made again~t counterfeiting or diminishing the
gold coin of the kingdom might be jU5.t, until the
method of detecting the fraud by weighing the mo·
ney, WitS introduced into general u·agc.
Since that
precautIon was practi-ed, th~se laws have slept; and
an executi()n UIlder thcn1 at this day would be deeIn.
ed a mea~ure of unjustifiable severity. 'l~he same
principle accounts for a circumstance, which has been