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TWO:The publication of the ��Delitti e delle Pene�� interrupted its author��s dreams of philosophical calm, by fulfilling his hopes of literary fame. The French encyclop?dists were the first to recognise its merits, and D��Alembert, the mathematician, at once predicted for the writer the reward of an immortal[13] reputation. Morellet��s translation, in which the arrangement, though not the matter of the text, was entirely altered, ran through seven editions in six months, and Beccaria, as has been seen, was only too delighted with the honour thus conferred on him to complain in any way of the liberties taken by the translator with the original.It will be said, of course, that the practice of giving increased sentences where there have been previous convictions prevails all over the world and in all[90] states of civilisation. But in that very fact lies the strength of the argument against it. By the Roman law a third case of theft, however slight, exposed a man to death.[48] By the laws of St. Louis the man who stole a thing of trifling value lost an ear the first time, a foot the second, and was hung the third. By the criminal code of Sardinia in the fifteenth century, asses were condemned to lose one ear the first time they trespassed on a field not their master��s, and their second ear for a second offence. But enough of such instances. The practice is undoubtedly universal; but so at one time were ordeals and tortures. May not, then, the practice be, like them, part and parcel of a crude state of law, such as was unavoidable in its emergence to better things, but such as it is worth some effort to escape from?

TWO:It has already been remarked by Montesquieu that public accusations are more suited to republics, where the public good ought to be the citizens�� first passion, than to monarchies, where such a sentiment is very feeble, owing to the nature of the government itself, and where the appointment of officers to accuse transgressors of the law in the name of the public is a most excellent institution. But every government, be it republican or monarchical, ought to inflict upon a false accuser the same punishment which, had the accusation been true, would have fallen upon the accused.

TWO:It will be said, of course, that the practice of giving increased sentences where there have been previous convictions prevails all over the world and in all[90] states of civilisation. But in that very fact lies the strength of the argument against it. By the Roman law a third case of theft, however slight, exposed a man to death.[48] By the laws of St. Louis the man who stole a thing of trifling value lost an ear the first time, a foot the second, and was hung the third. By the criminal code of Sardinia in the fifteenth century, asses were condemned to lose one ear the first time they trespassed on a field not their master��s, and their second ear for a second offence. But enough of such instances. The practice is undoubtedly universal; but so at one time were ordeals and tortures. May not, then, the practice be, like them, part and parcel of a crude state of law, such as was unavoidable in its emergence to better things, but such as it is worth some effort to escape from?

TWO:

TWO:So signal a success in France was a sufficient guarantee of success elsewhere. A knowledge of the book must have speedily crossed the Channel, for Blackstone quoted it the very year after its publication. It was first translated into English in 1768, together with Voltaire��s commentary; but just as Morellet��s translation professed to have been published at Philadelphia, so the English translator kept his name a secret. The Economical Society of Berne, which was accustomed to bestow a gold medal on the writer of the best treatise on any given subject, violated its own rules in favour of the anonymous writer of the ��Delitti,�� inviting him to disclose his name, and to accept the gold medal ��as a sign of esteem due to a citizen who had dared to raise his voice in favour of humanity against the most deeply engrained prejudices.��

TWO:Thus it has come about that, after steady opposition and fierce conflict, English law finds itself at the very point which Johnson and Goldsmith had attained a hundred years before; so true is it, as Beccaria has said, that the enlightenment of a nation is always a century in advance of its practice. The victory has conclusively been with the ultra-philosophers, as they were once called, with the speculative humanitarians, for whom good Lord Ellenborough had so honest a contempt. Paley��s philosophy has long since been forgotten, and if it affords any lesson at all, it lies chiefly in a comparison between his gloomy predictions and the actual results of the changes he deprecated. The practical and professional school of law has yielded on all the most important points to the dissolving influence of Beccaria��s treatise; and the growing demand for increasing the security of human life by the institution[68] of a penalty, more effective because more certain, than that at present in force, points to the still further triumph of Beccaria��s principles, likely before long to mark the progress of his influence in England.In order that a punishment may attain its object, it is enough if the evil of the punishment exceeds the advantage of the crime, and in this excess of evil the certainty of punishment and the loss of the possible advantage from the crime ought to be considered as part; all beyond this is superfluous and consequently tyrannical. Men regulate their conduct by the reiterated impression of evils they know, not by reason of evils they ignore. Given two nations, in one of which, in the scale of punishments proportioned[167] to the scale of crimes, the severest penalty is perpetual servitude, and in the other the wheel; I say that the former will have as great a dread of its severest punishment as the latter will have; and if there be any reason for transporting to the former country the greater penalties of the other, the same reasoning will serve for increasing still more the penalties of this latter country, passing imperceptibly from the wheel to the slowest and most elaborate tortures, nay, even to the last refinements of that science which tyrants understand only too well.

TWO:

TWO:But punishment bears much the same relation to crime in the country at large that it does in the metropolis. Let one year be taken as a fair sample of all. The total number of indictable offences of all kinds reported to the police in 1877-8 was 54,065. For these offences only 24,062 persons were apprehended. Of these latter only 16,820 were held to bail or committed for trial; and of these again 12,473 were convicted and punished.[52] So that, though the proportion of convictions to the number of prisoners who come to trial is about 75 per cent., the proportion of convictions, that is, of punishments, to the number of crimes committed is so low as 23 per cent. Of the 54,065 crimes reported to the police in one year 41,592 were actually committed with impunity; and[95] thus the proportion which successful crime of all sorts bears to unsuccessful is rather more than as four to one.[53] So that there is evident truth in what a good authority has said: ��Few offences comparatively are followed by detection and punishment, and with a moderate degree of cunning an offender may generally go on for a long time with but feeble checks, if not complete impunity.��[54]