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时间: 2019年12月05日 22:53

looking-glasses in the room. Penal laws are the expression of the moral sentiments of mankind, and either are as variable as the other. In Holland it was once a capital offence to kill a stork, and in England to cut down a man鈥檚 cherry-tree. For a Roman lady to drink wine was as heinous a sin as adultery, for either of which she incurred the extreme sentence of the law. In Athens idleness was for a long time punishable; though to a Spartan an Athenian fined for idleness seemed to be punished for keeping up his dignity. In Mexico drunkenness was a graver crime than slander; for whilst the slanderer lost his ears or lips, the drunken man or woman was clubbed or stoned to death. In the sacred tank, where Vishnu bathes when[Pg 165] he comes on earth, an old woman was standing pouring the stagnant green water over her body, while others of the faithful, seated on the steps, were piously drinking the stuff from a coco-nut that they handed round. In one corner of this pool was an exquisite bower of floating wreaths鈥攜ellow, white, and violet鈥攁 splash of bright colour on the squalid water. � � � 日本一本道最新高清无码AV专区,一本道在线大香蕉无码,中文字幕DVD在线播放-首页 � I am aware that this theory of politics will seem to many to be stilted, overstrained, and, as the Americans would say, high-faluten. Many will declare that the majority even of those who call themselves politicians 鈥?perhaps even of those who take an active part in politics 鈥?are stirred by no such feelings as these, and acknowledge no such motives. Men become Tories or Whigs, Liberals or Conservatives, partly by education 鈥?following their fathers 鈥?partly by chance, partly as openings come, partly in accordance with the bent of their minds, but still without any far-fetched reasonings as to distances and the diminution of distances. No doubt it is so; and in the battle of politics, as it goes, men are led further and further away from first causes, till at last a measure is opposed by one simply because it is advocated by another, and Members of Parliament swarm into lobbies, following the dictation of their leaders, and not their own individual judgments. But the principle is at work throughout. To many, though hardly acknowledged, it is still apparent. On almost all it has its effect; though there are the intriguers, the clever conjurers, to whom politics is simply such a game as is billiards or rackets, only played with greater results. To the minds that create and lead and sway political opinion, some such theory is, I think, ever present. Howard鈥檚 book on the Lazarettos of Europe appeared four years after Paley鈥檚 work. Although it did not deal directly with crimes, it indirectly treated of their connection with punishment. Howard was able to show that whilst in Middlesex alone 467 persons had been executed in nine years, only six had been executed in Amsterdam; that for a hundred years the average number of executions had been one a year at Utrecht and that for twenty-four years there had not even been one there. The inference therefore was that the diminution of punishment had a direct[58] effect in diminishing crime. Howard also advocated the restriction of capital punishment to cases of murder, arson, and burglary; highwaymen, footpads, and habitual thieves should, he thought, end their days in a penitentiary rather than on the gallows. Even this was a bold proposal, in a state of society yet in bondage to Paley. But the honour of having been the first country to lay aside the use of torture undoubtedly belongs to England, just as the honour of having been the first in modern times to abolish capital punishment, except for political offences, belongs to Russia; and the practical example thus afforded by our laws probably did more for the general abolition of the custom than any written treatise on the subject ever would have done alone. English and foreign jurists long delighted to honour the Common Law for its non-recognition of torture. But though torture was contrary to the Common Law, and even to Magna Charta, it was not contrary to Prerogative; and until the Commonwealth it was used as matter of course in all grave accusations at the mere discretion of the monarch and Privy Council.[19] Therefore Beccaria pointed to England as a country which did not use torture with more justice than Grotius had done, who, when the rack was still in use amongst us, quoted England as a proof that people might safely live without torture. �