FORE:What is the political object of punishments? The intimidation of other men. But what shall we say of the secret and private tortures which the tyranny of custom exercises alike upon the guilty and the innocent? It is important, indeed, that no open crime shall pass unpunished; but the public exposure of a criminal whose crime was hidden in darkness is utterly useless. An evil that has been done and cannot be undone can only be punished by civil society in so far as it may affect others with the hope of impunity. If it be true that there are a greater number of men who either from fear or virtue respect the laws than of those who transgress them, the risk of torturing an innocent man should be estimated according to the probability that any man will have been more likely, other things being equal, to have respected than to have despised the laws.
FORE:But undoubtedly punishment, although in its origin and present intention vindictive, must exercise a certain preventive force against crime, and this preventive force can scarcely be estimated, for that which is prevented is, of course, not seen. But the efficiency of punishment as a deterrent is proportioned to its certainty, and there is a large element of uncertainty that can never be eliminated. For every malefactor there are two hopes: first, that he may escape detection or apprehension; secondly, that he may escape conviction. That his hopes of impunity are not without reason greater than his fears of punishment the following facts attest. Whatever improvement our penal laws have undergone in the last hundred years is due primarily to Beccaria, and to an extent that has not always been recognised. Lord Mansfield is said never to have mentioned his name without a sign of respect. Romilly referred to him in the very first speech he delivered in the House of Commons on the subject of law reform. And there is no English writer of that day who, in treating of the criminal law, does not refer to Beccaria.
FORE:It is incomparably better to prevent crimes than to punish them.
FORE:In every criminal case a judge ought to form a complete syllogistic deduction, in which the statement of the general law constitutes the major premiss; the conformity or non-conformity of a particular action with the law, the minor premiss; and acquittal or punishment, the conclusion. When a judge is obliged, or of his own accord wishes, to make even no more than two syllogisms, the door is opened to uncertainty.CHAPTER XXXIV. OF POLITICAL IDLENESS.
FORE:Who, then, will be the rightful interpreter of the laws? Will it be the sovereign, the trustee of the actual wills of all, or the judge, whose sole function[127] it is to examine whether such and such a man has committed an illegal act or not?
FORE:Corporal and painful punishments should not be inflicted for those crimes which have their foundation in pride, and draw from pain itself their glory and nutriment. For such crimes ridicule and infamy are more fitted, these being penalties which curb the[184] pride of fanatics by the pride of the beholders, and only let truth itself escape their tenacity by slow and obstinate efforts. By such an opposition of forces against forces, and of opinions against opinions, the wise legislator destroys that admiration and astonishment among a people, which a false principle causes, whose original absurdity is usually hidden from view by the plausible conclusions deduced from it.
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项目名称 |
开始时间 |
结束时间 |
状态 |
责任人 |
| 1 |
Adminto Admin v1 |
01/01/2016 |
26/04/2016 |
已发布 |
Coderthemes |
| 2 |
Adminto Frontend v1 |
01/01/2016 |
26/04/2016 |
已发布 |
Adminto admin |
| 3 |
Adminto Admin v1.1 |
01/05/2016 |
10/05/2016 |
未开展 |
Coderthemes |
| 4 |
Adminto Frontend v1.1 |
01/01/2016 |
31/05/2016 |
进行中
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Adminto admin |
| 5 |
Adminto Admin v1.3 |
01/01/2016 |
31/05/2016 |
即将开始 |
Coderthemes |
| 6 |
Adminto Admin v1.3 |
01/01/2016 |
31/05/2016 |
即将开始 |
Adminto admin |
| 7 |
Adminto Admin v1.3 |
01/01/2016 |
31/05/2016 |
即将开始 |
Adminto admin |
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