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.
