Full resolution (TIFF) - On this page / på denna sida - IV. Chapter. On the application of the penitentiary system in Sweden
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consequently be considered, not only in a
juridical, but also in psycological point of view.
In the first place a nice difference must be
made between the right of pardon, exercised
before, or after the judgment is passed. In the former
case this prerogative forms, according to what has
already been expressed in the first chapter, the
completion of the law, and sometimes a necessary
complement to the possible insufficiency of the
letter; it ought, however, to be sparingly applied,
and its interference will be less frequently called
for, in proportion as the punishments take a more
humane and rational character. In the latter case,
on the other hand, the right of pardon seems to
stand in a kind of opposition to the law itself,
which determined the punishment as necessary for
the restoration of the violated state of justice. It
is consequently to be feared that the sacredness of
the law may be weakened by this arbitrary
remission of its demands. It may also be taken as
an indisputable principle, that the more the
enlightenment of the times mitigates the theory of
punishment, the more do those punishments,
acknowledged by reason and justice, require to be
inevitable and irremissible, in order to gain the effect
calculated on.
But, it is answered, shortening of the period
of punishment is an efficacious means of bringing
the prisoner to improvement and reflection. He
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