Tracks Of A Rolling Stone By Henry J. Coke

 -  . . . 
All that renders death less formidable to them renders 
laborious restraint proportionably more irksome.'  There is 
doubtless a certain - Page 140
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. . . All That Renders Death Less Formidable To Them Renders Laborious Restraint Proportionably More Irksome.' There Is Doubtless A Certain Measure Of Truth In These Remarks.

But Bentham is here speaking of the degraded class; and is it likely that such would reflect seriously upon what they never see and only know by hearsay?

Think how feeble are their powers of imagination and reflection, how little they would be impressed by such additional seventies as 'occasional solitary confinement,' the occurrence and the effects of which would be known to no one outside the jail.

As to the 'majority,' the higher classes, the fact that men are often imprisoned for offences - political and others - which they are proud to suffer for, would always attenuate the ignominy attached to 'imprisonment.' And were this the only penalty for all crimes, for first-class misdemeanants and for the most atrocious of criminals alike, the distinction would not be very finely drawn by the interested; at the most, the severest treatment as an alternative to capital punishment would always savour of extenuating circumstances.

There remain two other points of view from which the question has to be considered: one is what may be called the Vindictive, the other, directly opposed to it, the Sentimental argument. The first may be dismissed with a word or two. In civilised countries torture is for ever abrogated; and with it, let us hope, the idea of judicial vengeance.

The LEX TALIONIS - the Levitic law - 'Eye for eye, tooth for tooth,' is befitting only for savages.

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