Full resolution (TIFF) - On this page / på denna sida - I. Chapter. On Punishments
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as to afford protection against every thing that can
disturb the public security, or infringe on private
right.
The outward independence, and inward legal
stability of the slate, must be secured against
treacherous conspiracies, the life and welfare of the
individual, against violence and persecution; and
property, against unlawful seizure. From these
necessary conditions for the existence and progress
of society, which is God’s will revealed in the
inward propensities and outward necessities of man,
arises, then, the real right of punishment in the
state, resting on reason and on justice.
But the carrying out of an acknowledged idea
of justice, must be in perfect agreement with that
idea, that it may retain its property of legal right.
The form it takes must be supported on the
approved foundation, and must as conscientiously as
consequentially fulfil all its demands; for otherwise
this form denies its own architype, and finally
degenerates to its opposite.
Thence it follows, that the choice of the
punishments themselves, must be made under a
religious acknowledgment of a higher organization of
the universe, and an enlightened attention to the
value of man; they must be perfectly just, as well
with regard to their quality, or nature, as to their
quantity, or amount answering to the greatness of
the crime. They must also be rational, that is to
say, in a psychological respect so calculated, as to
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