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Would you prevent crimes, then see that enlightenment accompanies liberty. The evils that flow from knowledge are in inverse ratio to its diffusion; the benefits directly proportioned to it. A bold impostor, who is never a commonplace man, is adored by an ignorant people, despised by an enlightened one. Knowledge, by facilitating comparisons between objects and multiplying mens points of view, brings many different notions into contrast, causing them to modify one another, all the more easily as the same views and the same difficulties are observed in others. In the face of a widely diffused national enlightenment the calumnies of ignorance are silent, and authority, disarmed of pretexts for its manifestation, trembles; whilst the rigorous force of the laws remains unshaken, no one of education having any dislike to the clear and useful public compacts which secure the common safety, when he compares the trifling and useless liberty sacrificed by himself with the sum-total of all the liberties sacrificed by others, who without the laws might have been hostile to himself. Whoever has a sensitive soul, when he contemplates a code of well-made laws, and finds that he has only lost the pernicious liberty of injuring others, will feel[246] himself constrained to bless the throne and the monarch that sits upon it.

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Yet, supposing it were proved to-morrow that punishment fails entirely of the ends imputed to it; that, for example, the greater number of crimes are[80] committed by criminals who have been punished already; that for one chance of a mans reformation during his punishment there are a hundred in favour of his deterioration; and that the deterrent influence of his punishment is altogether removed by his own descriptions of it; shall we suppose for a moment that society would cease to punish, on the ground that punishment attained none of its professed ends? Would it say to the horse-stealer, Keep your horse, for nothing we can do to you can make you any better, nor deter others from trying to get horses in the same way?In methods of trial the use of torture is contrary to sound reason. Humanity cries out against the practice and insists on its abolition.
THREE:CHAPTER XLI. THE PREVENTION OF CRIMESOF KNOWLEDGEMAGISTRATESREWARDSEDUCATION.But, in spite of the liberalism of the Count, the penal laws and customs of Lombardy remained the same; and the cruel legal procedure by torture existed still, untouched by the salutary reforms effected in other departments of the Government. There was the preparatory torture, to extort confession from criminals not yet condemned; there was torture for the discovery of a criminals accomplices; and there was the extraordinary or greater torture, which preceded the execution of a sentence of death. It is true that torture could only be applied to crimes of a capital nature, but there was scarcely an act in the possible category of crimes that was not then punishable with death. Proofs of guilt were sought almost entirely from torture and secret accusations, whilst penalties depended less on the text of any known law than on the discretionthat is, on the capriceof the magistrate.

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ONE:Of all the attacks which the publication of the Dei Delitti provoked, the bitterest came naturally from a theological pen. At the very time that Beccarias work appeared, the Republic of Venice was occupied in a violent contest touching the Inquisitorial Council of Ten; and imagining that Beccarias remarks about secret accusations had been directed against the procedure of their famous[16] tribunal, whilst they attributed the work to a Venetian nobleman called Quirini, they forbade its circulation under pain of death. It was on their behalf and with this belief that the Dominican Padre, Facchinei, took up his pen and wrote a book, entitled, Notes and Observations on the Dei Delitti, in which he argued, among other things, not only that secret accusations were the best, cheapest, and most effective method of carrying out justice, but that torture was a kind of mercy to a criminal, purging him in his death from the sin of falsehood.The opinion that each citizen should have liberty to do whatsoever is not contrary to the laws, without fear of any other inconvenience than such as may arise from the action itselfthis is the political dogma[203] that should be believed by the people and promulgated by the chief magistrates, a dogma as sacred as that of the incorrupt guardianship of the laws, without which there can be no legitimate society; a just compensation to mankind for their sacrifice of that entire liberty of action which belongs to every sensitive being, and is only limited by the extent of its force. This it is that forms liberal and vigorous souls, and enlightened minds; that makes men virtuous with that virtue which can resist fear, and not with that flexible kind of prudence which is only worthy of a man who can put up with a precarious and uncertain existence.

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I conclude with this reflection, that the scale of punishments should be relative to the condition of a nation. On the hardened minds of a people scarcely emerged from the savage state the impressions made should be stronger and more sensible. One needs a[169] thunderbolt for the destruction of a fierce lion that faces round at the shot of a gun. But in proportion as mens minds become softened in the social state, their sensibility increases, and commensurate with that increase should be the diminution of the force of punishment, if it be desired to maintain any proportion between the object and the sensation that attends it.I said that the promptness of punishment is more useful, because the shorter the interval of time between the punishment and the misdeed, the stronger and the more lasting in the human mind is the association of these ideas, crime and punishment, so that insensibly they come to be considered, the one as the cause and the other as its necessary and inevitable consequence. It is a proved fact that the association of ideas is the cement of the whole fabric of the human intellect, and that without it pleasure and pain would be isolated and ineffective feelings. The further removed men are from general ideas and universal principles, that is, the more commonplace they are, the more they act by their immediate and nearest associations, to the neglect of remoter and more complex ones, the latter being of service only[187] to men strongly impassioned for a given object of pursuit, inasmuch as the light of attention illuminates a single object, whilst it leaves the others obscure. They are also of service to minds of a higher quality, because, having acquired the habit of running rapidly over many subjects at a time, they possess facility in placing in contrast with one another many partial feelings, so that the result of their thoughts, in other words, their action, is less perilous and uncertain.For if punishment is weak to prevent crime, it is strong to produce it, and it is scarcely open to doubt that its productive force is far greater than its preventive. Our terms of imprisonment compel more persons to enter a career of crime than they prevent from pursuing one, that being often the only resource left for those who depend on a criminals labour. Whether in prison or the workhouse, such dependents become a charge to society; nor does it seem reasonable, that if one man under sore temptation steals a loaf, a hundred other men who do no such thing must contribute to keep, not only the prisoner himself, but his family too, in their daily bread for so long a time as it pleases the law to detain him from earning his and their necessary subsistence.Capital punishment being less general in the world now than torture was when Beccaria wrote, it seems to be a fair logical inference that it is already far advanced towards its total disappearance. For the same argument which Voltaire applied in the case of torture cannot fail sooner or later to be applied to capital punishment. If, he says, there were but one nation in the world which had abolished the use of torture; and if in that nation crimes were no more frequent than in others, its example would be surely sufficient for the rest of the world. England alone might instruct all other nations in this particular; but England is not the only nation. Torture has been abolished in other countries, and with success; the question, therefore, is decided. If in this argument we read capital punishment instead of torture, murders instead of crimes, and Portugal instead of England, we shall best appreciate that which is after all the strongest argument against capital punishment, namely, that it has been proved unnecessary for its professed object in so many countries that it might safely be relinquished in all.
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