Full resolution (TIFF) - On this page / på denna sida - I. Chapter. On Punishments
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criminals, or have believed that they could, by an
expensive transportation to distant countries, free
themselves from all care for their moral
improvement, have by degrees been brought back to a
purer comprehension of their duties, and have been
obliged to have recourse to punishments acting
more directly on the inward being, consequently
really psychological.
We have already in Sweden an excellent
project for a new criminal law, published in 1832,
where a noble spirit evinces itself in deeply
scientific views and judicial forms systematically
arranged. This work, which reflects as great honour
on the legal knowledge of the authors as on their
humane principles, takes up only such punishments
as are in accordance with the demands of justice
and reason.
In the so called motives, which arc attached
to the project, the committee explain their views
of the different kinds of punishment. Among other
things, it is there said: "How different soever the
various theories for the manner of punishment,
arranged in later times by scientific men, may be,
the positive legislation can nevertheless with safety
adopt the principle so strongly confirmed by reason,
that the law threatens the criminal with
punishment, principally in order to prevent crime by ifs
warning effects. Those punishments, which are
most efficacious for this purpose, ought consequently
to be chosen. But the legislation cannot possibly
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