Full resolution (TIFF) - On this page / på denna sida - I. Chapter. On Punishments
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As capital-punishment is still considered by
many, nay perhaps by the majority of the
inhabitants of Europe, as a necessary, unavoidable evil,
for which one can certainly entertain both disgust
and horror, but which no one dares to redress; it
will perhaps be desirable, in the first place, to
examine more closely its real nature.
The justice of capital-punishment has, especially
in later times, been denied by several lawyers
and statesmen, and this important question indeed
merits serious consideration. It is undoubtedly, both
the right and the duty of society, to punish every
action which can disturb the public system of
justice; it can even, if the offender has, by a relapse,
shown himself incorregible, or his offence is of a
nature to endanger the public safety, render him
incapable of again injuring the other members of
the community. But does this right extend farther
than to the loss of liberty, by which the object is
gained? Every punishment, which goes beyond the
limit of necessity, enters the jurisdiction of despotism
and revenge.
To this it will certainly be objected, that
capital-punishment, with its dreadful preparations, and
the terrible ceremony of the execution itself, must
be retained, less for the punishment of the criminal
himself, than as a warning to others not to follow
his example. Without attempting to enter into a
closer examination, as to whether society has the
right of torturing, and finally putting to death one
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