Skip to main content Accessibility help
×
Hostname: page-component-84b7d79bbc-7nlkj Total loading time: 0 Render date: 2024-07-26T12:18:44.585Z Has data issue: false hasContentIssue false

27 - Lenience in punishing

Published online by Cambridge University Press:  05 June 2012

Richard Bellamy
Affiliation:
University of East Anglia
Get access

Summary

But my thoughts have carried me away from my topic, which I must now waste no time in returning to. One of the most effective brakes on crime is not the harshness of its punishment, but the unerringness of punishment. This calls for vigilance in the magistrates, and that kind of unswerving judicial severity which, to be useful to the cause of virtue, must be accompanied by a lenient code of laws. The certainty of even a mild punishment will make a bigger impression than the fear of a more awful one which is united to a hope of not being punished at all. For, even the smallest harms, when they are certain, always frighten human souls, whereas hope, that heavenly gift which often displaces every other sentiment, holds at bay the idea of larger harms, especially when it is reinforced by frequent examples of the impunity accorded by weak and corrupt judges. The harsher the punishment and the worse the evil he faces, the more anxious the criminal is to avoid it, and it makes him commit other crimes to escape the punishment of the first. The times and places in which the penalties have been fiercest have been those of the bloodiest and most inhuman actions. Because the same brutal spirit which guided the hand of the lawgiver, also moved the parricide's and the assassin's.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 1995

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

Available formats
×