The principal objects which human punishments have in view are undoubtedly restraint and example; restraint, or removal, of an individual member whose vicious habits are likely to be prejudicial to the society'; and example, which by expressing the sense of the community with regard to a particular crime, and by associating more nearly and visibly crime and punishment, holds out a moral motive to dissuade others from the commission of it.
Restraint, Mr Godwin thinks, may be permitted as a temporary expedient, though he reprobates solitary imprisonment, which has certainly been the most successful, and, indeed, almost the only attempt towards the moral amelioration of offenders. He talks of the selfish passions that are fostered by solitude and of the virtues generated in society. But surely these virtues are not generated in the society of a prison. Were the offender confined to the society of able and virtuous men he would probably be more improved than in solitude. But is this practicable? Mr Godwin's ingenuity is more frequently employed in finding out evils than in suggesting practical remedies.
Punishment, for example, is totally reprobated. By endeavouring to make examples too impressive and terrible, nations have, indeed, been led into the most barbarous cruelties, but the abuse of any practice is not a good argument against its use. The indefatigable pains taken in this country to find out a murder, and the certainty of its punishment, has powerfully contributed to generate that sentiment which is frequent in the mouths of the common people, that a murder will sooner or later come to light; and the habitual horror in which murder is in consequence held will make a man, in the agony of passion, throw down his knife for fear he should be tempted to use it in the gratification of his revenge. In Italy, where murderers, by flying to a sanctuary, are allowed more frequently to escape, the crime has never been held in the same detestation and has consequently been more frequent. No man, who is at all aware of the operation of moral motives, can doubt for a moment, that if every murder in Italy had been invariably punished, the use of the stiletto in transports of passion would have been comparatively but little known.
That human laws either do, or can, proportion the punishment accurately to the offence, no person will have the folly to assert. From the inscrutability of motives the thing is absolutely impossible, but this imperfection, though it may be called a species of injustice, is no valid argument against human laws. It is the lot of man, that he will frequently have to choose between two evils; and it is a sufficient reason for the adoption of any institution, that it is the best mode that suggests itself of preventing greater evils. A continual endeavour should undoubtedly prevail to make these institutions as perfect as the nature of them will admit. But nothing is so easy as to find fault with human institutions; nothing so difficult as to suggest adequate practical improvements. It is to be lamented, that more men of talents employ their time in the former occupation than in the tatter.
The frequency of crime among men, who, as the common saying is, know better, sufficiently proves, that some truths may be brought home to the conviction of the mind without always producing the proper effect upon the conduct. There are other truths of a nature that perhaps never can be adequately communicated from one man to another. The superiority of the pleasures of intellect to those of sense, Mr Godwin considers as a fundamental truth. Taking all circumstances into consideration, I should be disposed to agree with him; but how am I to communicate this truth to a person who has scarcely ever felt intellectual pleasure? I may as well attempt to explain the nature and beauty of colours to a blind man. If I am ever so laborious, patient, and clear, and have the most repeated opportunities of expostulation, any real progress toward the accomplishment of my purpose seems absolutely hopeless. There is no common measure between us. I cannot proceed step by step.. It is a truth of a nature absolutely incapable of demonstration. All that I can say is, that the wisest and best men in all ages had agreed in giving the preference, very greatly, to the pleasures of intellect; and that my own experience completely confirmed the truth of their decisions; that I had found sensual pleasures vain, transient, and continually attended with tedium and disgust; but that intellectual pleasures appeared to me ever fresh and young, filled up all my hours satisfactorily, gave a new zest to life, and diffused a lasting serenity over my mind.
If he believe me, it can only be from respect and veneration for my authority. It is credulity, and not conviction. I have not said any thing, nor can any thing be said, of a nature to produce real conviction. The affair is not an affair of reasoning, but of experience. He would probably observe in reply, what you say may be very true with regard to yourself and many other good men, but for my own part I feel very differently upon the subject. I have very frequently taken up a book and almost as frequently gone to sleep over it; but when I pass an evening with a gay party, or a pretty woman, I feel alive, and in spirits, and truly enjoy my existence.
Under such circumstances, reasoning and arguments are not instruments from which success can be expected. At some future time perhaps, real satiety of sensual pleasures, or some accidental impressions that awakened the energies of his mind, might effect that, in a month, which the most patient and able expostulations might be incapable of effecting in forty years.
