crime and punishment cause and effect essay

The wings of Time are black and white, Pied with morning and with night. Mountain tall and ocean deep Trembling balance duly keep. In changing moon, in tidal wave, Glows the feud of Want and Have. Gauge of more and less through space Electric star and pencil plays. The lonely Earth amid the balls That hurry through the eternal halls, A makeweight flying to the void, Supplemental asteroid, Or compensatory spark, Shoots across the neutral Dark.

Man's the elm, and Wealth the vine; Stanch and strong the tendrils twine: Though the frail ringlets thee deceive, None from its stock that vine can reave. Fear not, then, thou child infirm, There's no god dare wrong a worm. Laurel crowns cleave to deserts, And power to him who power exerts; Hast not thy share? On winged feet, Lo! it rushes thee to meet; And all that Nature made thy own, Floating in air or pent in stone, Will rive the hills and swim the sea, And, like thy shadow, follow thee.

E ver since I was a boy, I have wished to write a discourse on Compensation: for it seemed to me when very young, that on this subject life was ahead of theology, and the people knew more than the preachers taught. The documents, too, from which the doctrine is to be drawn, charmed my fancy by their endless variety, and lay always before me, even in sleep; for they are the tools in our hands, the bread in our basket, the transactions of the street, the farm, and the dwelling-house, greetings, relations, debts and credits, the influence of character, the nature and endowment of all men. It seemed to me, also, that in it might be shown men a ray of divinity, the present action of the soul of this world, clean from all vestige of tradition, and so the heart of man might be bathed by an inundation of eternal love, conversing with that which he knows was always and always must be, because it really is now. It appeared, moreover, that if this doctrine could be stated in terms with any resemblance to those bright intuitions in which this truth is sometimes revealed to us, it would be a star in many dark hours and crooked passages in our journey that would not suffer us to lose our way.

I was lately confirmed in these desires by hearing a sermon at church. The preacher, a man esteemed for his orthodoxy, unfolded in the ordinary manner the doctrine of the Last Judgment. He assumed, that judgment is not executed in this world; that the wicked are successful; that the good are miserable; and then urged from reason and from Scripture a compensation to be made to both parties in the next life. No offence appeared to be taken by the congregation at this doctrine. As far as I could observe, when the meeting broke up, they separated without remark on the sermon.

Yet what was the import of this teaching? What did the preacher mean by saying that the good are miserable in the present life? Was it that houses and lands, offices, wine, horses, dress, luxury, are had by unprincipled men, whilst the saints are poor and despised; and that a compensation is to be made to these last hereafter, by giving them the like gratifications another day, — bank-stock and doubloons, venison and champagne? This must be the compensation intended; for what else? Is it that they are to have leave to pray and praise? to love and serve men? Why, that they can do now. The legitimate inference the disciple would draw was, — 'We are to have _such_ a good time as the sinners have now'; — or, to push it to its extreme import, — 'You sin now; we shall sin by and by; we would sin now, if we could; not being successful, we expect our revenge to-morrow.'

The fallacy lay in the immense concession, that the bad are successful; that justice is not done now. The blindness of the preacher consisted in deferring to the base estimate of the market of what constitutes a manly success, instead of confronting and convicting the world from the truth; announcing the presence of the soul; the omnipotence of the will: and so establishing the standard of good and ill, of success and falsehood.

I find a similar base tone in the popular religious works of the day, and the same doctrines assumed by the literary men when occasionally they treat the related topics. I think that our popular theology has gained in decorum, and not in principle, over the superstitions it has displaced. But men are better than this theology. Their daily life gives it the lie. Every ingenuous and aspiring soul leaves the doctrine behind him in his own experience; and all men feel sometimes the falsehood which they cannot demonstrate. For men are wiser than they know. That which they hear in schools and pulpits without after-thought, if said in conversation, would probably be questioned in silence. If a man dogmatize in a mixed company on Providence and the divine laws, he is answered by a silence which conveys well enough to an observer the dissatisfaction of the hearer, but his incapacity to make his own statement.

I shall attempt in this and the following chapter to record some facts that indicate the path of the law of Compensation; happy beyond my expectation, if I shall truly draw the smallest arc of this circle.

POLARITY, or action and reaction, we meet in every part of nature; in darkness and light; in heat and cold; in the ebb and flow of waters; in male and female; in the inspiration and expiration of plants and animals; in the equation of quantity and quality in the fluids of the animal body; in the systole and diastole of the heart; in the undulations of fluids, and of sound; in the centrifugal and centripetal gravity; in electricity, galvanism, and chemical affinity. Superinduce magnetism at one end of a needle; the opposite magnetism takes place at the other end. If the south attracts, the north repels. To empty here, you must condense there. An inevitable dualism bisects nature, so that each thing is a half, and suggests another thing to make it whole; as, spirit, matter; man, woman; odd, even; subjective, objective; in, out; upper, under; motion, rest; yea, nay.

Whilst the world is thus dual, so is every one of its parts. The entire system of things gets represented in every particle. There is somewhat that resembles the ebb and flow of the sea, day and night, man and woman, in a single needle of the pine, in a kernel of corn, in each individual of every animal tribe. The reaction, so grand in the elements, is repeated within these small boundaries. For example, in the animal kingdom the physiologist has observed that no creatures are favorites, but a certain compensation balances every gift and every defect. A surplusage given to one part is paid out of a reduction from another part of the same creature. If the head and neck are enlarged, the trunk and extremities are cut short.

The theory of the mechanic forces is another example. What we gain in power is lost in time; and the converse. The periodic or compensating errors of the planets is another instance. The influences of climate and soil in political history are another. The cold climate invigorates. The barren soil does not breed fevers, crocodiles, tigers, or scorpions.

The same dualism underlies the nature and condition of man. Every excess causes a defect; every defect an excess. Every sweet hath its sour; every evil its good. Every faculty which is a receiver of pleasure has an equal penalty put on its abuse. It is to answer for its moderation with its life. For every grain of wit there is a grain of folly. For every thing you have missed, you have gained something else; and for every thing you gain, you lose something. If riches increase, they are increased that use them. If the gatherer gathers too much, nature takes out of the man what she puts into his chest; swells the estate, but kills the owner. Nature hates monopolies and exceptions. The waves of the sea do not more speedily seek a level from their loftiest tossing, than the varieties of condition tend to equalize themselves. There is always some levelling circumstance that puts down the overbearing, the strong, the rich, the fortunate, substantially on the same ground with all others. Is a man too strong and fierce for society, and by temper and position a bad citizen, — a morose ruffian, with a dash of the pirate in him;—— nature sends him a troop of pretty sons and daughters, who are getting along in the dame's classes at the village school, and love and fear for them smooths his grim scowl to courtesy. Thus she contrives to intenerate the granite and felspar, takes the boar out and puts the lamb in, and keeps her balance true.

The farmer imagines power and place are fine things. But the President has paid dear for his White House. It has commonly cost him all his peace, and the best of his manly attributes. To preserve for a short time so conspicuous an appearance before the world, he is content to eat dust before the real masters who stand erect behind the throne. Or, do men desire the more substantial and permanent grandeur of genius? Neither has this an immunity. He who by force of will or of thought is great, and overlooks thousands, has the charges of that eminence. With every influx of light comes new danger. Has he light? he must bear witness to the light, and always outrun that sympathy which gives him such keen satisfaction, by his fidelity to new revelations of the incessant soul. He must hate father and mother, wife and child. Has he all that the world loves and admires and covets? — he must cast behind him their admiration, and afflict them by faithfulness to his truth, and become a byword and a hissing.

This law writes the laws of cities and nations. It is in vain to build or plot or combine against it. Things refuse to be mismanaged long. _Res nolunt diu male administrari_. Though no checks to a new evil appear, the checks exist, and will appear. If the government is cruel, the governor's life is not safe. If you tax too high, the revenue will yield nothing. If you make the criminal code sanguinary, juries will not convict. If the law is too mild, private vengeance comes in. If the government is a terrific democracy, the pressure is resisted by an overcharge of energy in the citizen, and life glows with a fiercer flame. The true life and satisfactions of man seem to elude the utmost rigors or felicities of condition, and to establish themselves with great indifferency under all varieties of circumstances. Under all governments the influence of character remains the same, — in Turkey and in New England about alike. Under the primeval despots of Egypt, history honestly confesses that man must have been as free as culture could make him.

These appearances indicate the fact that the universe is represented in every one of its particles. Every thing in nature contains all the powers of nature. Every thing is made of one hidden stuff; as the naturalist sees one type under every metamorphosis, and regards a horse as a running man, a fish as a swimming man, a bird as a flying man, a tree as a rooted man. Each new form repeats not only the main character of the type, but part for part all the details, all the aims, furtherances, hindrances, energies, and whole system of every other. Every occupation, trade, art, transaction, is a compend of the world, and a correlative of every other. Each one is an entire emblem of human life; of its good and ill, its trials, its enemies, its course and its end. And each one must somehow accommodate the whole man, and recite all his destiny.

The world globes itself in a drop of dew.

The microscope cannot find the animalcule which is less perfect for being little. Eyes, ears, taste, smell, motion, resistance, appetite, and organs of reproduction that take hold on eternity, — all find room to consist in the small creature. So do we put our life into every act. The true doctrine of omnipresence is, that God reappears with all his parts in every moss and cobweb. The value of the universe contrives to throw itself into every point. If the good is there, so is the evil; if the affinity, so the repulsion; if the force, so the limitation.

Thus is the universe alive. All things are moral. That soul, which within us is a sentiment, outside of us is a law. We feel its inspiration; out there in history we can see its fatal strength. "It is in the world, and the world was made by it." Justice is not postponed. A perfect equity adjusts its balance in all parts of life. {Oi chusoi Dios aei enpiptousi}, — The dice of God are always loaded. The world looks like a multiplication-table, or a mathematical equation, which, turn it how you will, balances itself. Take what figure you will, its exact value, nor more nor less, still returns to you. Every secret is told, every crime is punished, every virtue rewarded, every wrong redressed, in silence and certainty. What we call retribution is the universal necessity by which the whole appears wherever a part appears. If you see smoke, there must be fire. If you see a hand or a limb, you know that the trunk to which it belongs is there behind.

Every act rewards itself, or, in other words, integrates itself, in a twofold manner; first, in the thing, or in real nature; and secondly, in the circumstance, or in apparent nature. Men call the circumstance the retribution. The causal retribution is in the thing, and is seen by the soul. The retribution in the circumstance is seen by the understanding; it is inseparable from the thing, but is often spread over a long time, and so does not become distinct until after many years. The specific stripes may follow late after the offence, but they follow because they accompany it. Crime and punishment grow out of one stem. Punishment is a fruit that unsuspected ripens within the flower of the pleasure which concealed it. Cause and effect, means and ends, seed and fruit, cannot be severed; for the effect already blooms in the cause, the end preexists in the means, the fruit in the seed.

Whilst thus the world will be whole, and refuses to be disparted, we seek to act partially, to sunder, to appropriate; for example, — to gratify the senses, we sever the pleasure of the senses from the needs of the character. The ingenuity of man has always been dedicated to the solution of one problem, — how to detach the sensual sweet, the sensual strong, the sensual bright, &c., from the moral sweet, the moral deep, the moral fair; that is, again, to contrive to cut clean off this upper surface so thin as to leave it bottomless; to get a _one end_, without an _other end_. The soul says, Eat; the body would feast. The soul says, The man and woman shall be one flesh and one soul; the body would join the flesh only. The soul says, Have dominion over all things to the ends of virtue; the body would have the power over things to its own ends.

The soul strives amain to live and work through all things. It would be the only fact. All things shall be added unto it power, pleasure, knowledge, beauty. The particular man aims to be somebody; to set up for himself; to truck and higgle for a private good; and, in particulars, to ride, that he may ride; to dress, that he may be dressed; to eat, that he may eat; and to govern, that he may be seen. Men seek to be great; they would have offices, wealth, power, and fame. They think that to be great is to possess one side of nature, — the sweet, without the other side, — the bitter.

This dividing and detaching is steadily counteracted. Up to this day, it must be owned, no projector has had the smallest success. The parted water reunites behind our hand. Pleasure is taken out of pleasant things, profit out of profitable things, power out of strong things, as soon as we seek to separate them from the whole. We can no more halve things and get the sensual good, by itself, than we can get an inside that shall have no outside, or a light without a shadow. "Drive out nature with a fork, she comes running back."

Life invests itself with inevitable conditions, which the unwise seek to dodge, which one and another brags that he does not know; that they do not touch him; — but the brag is on his lips, the conditions are in his soul. If he escapes them in one part, they attack him in another more vital part. If he has escaped them in form, and in the appearance, it is because he has resisted his life, and fled from himself, and the retribution is so much death. So signal is the failure of all attempts to make this separation of the good from the tax, that the experiment would not be tried, — since to try it is to be mad, — but for the circumstance, that when the disease began in the will, of rebellion and separation, the intellect is at once infected, so that the man ceases to see God whole in each object, but is able to see the sensual allurement of an object, and not see the sensual hurt; he sees the mermaid's head, but not the dragon's tail; and thinks he can cut off that which he would have, from that which he would not have. "How secret art thou who dwellest in the highest heavens in silence, O thou only great God, sprinkling with an unwearied Providence certain penal blindnesses upon such as have unbridled desires!"

The human soul is true to these facts in the painting of fable, of history, of law, of proverbs, of conversation. It finds a tongue in literature unawares. Thus the Greeks called Jupiter, Supreme Mind; but having traditionally ascribed to him many base actions, they involuntarily made amends to reason, by tying up the hands of so bad a god. He is made as helpless as a king of England. Prometheus knows one secret which Jove must bargain for; Minerva, another. He cannot get his own thunders; Minerva keeps the key of them.

Of all the gods, I only know the keys That ope the solid doors within whose vaults His thunders sleep."

A plain confession of the in-working of the All, and of its moral aim. The Indian mythology ends in the same ethics; and it would seem impossible for any fable to be invented and get any currency which was not moral. Aurora forgot to ask youth for her lover, and though Tithonus is immortal, he is old. Achilles is not quite invulnerable; the sacred waters did not wash the heel by which Thetis held him. Siegfried, in the Nibelungen, is not quite immortal, for a leaf fell on his back whilst he was bathing in the dragon's blood, and that spot which it covered is mortal. And so it must be. There is a crack in every thing God has made. It would seem, there is always this vindictive circumstance stealing in at unawares, even into the wild poesy in which the human fancy attempted to make bold holiday, and to shake itself free of the old laws, — this back-stroke, this kick of the gun, certifying that the law is fatal; that in nature nothing can be given, all things are sold.

This is that ancient doctrine of Nemesis, who keeps watch in the universe, and lets no offence go unchastised. The Furies, they said, are attendants on justice, and if the sun in heaven should transgress his path, they would punish him. The poets related that stone walls, and iron swords, and leathern thongs had an occult sympathy with the wrongs of their owners; that the belt which Ajax gave Hector dragged the Trojan hero over the field at the wheels of the car of Achilles, and the sword which Hector gave Ajax was that on whose point Ajax fell. They recorded, that when the Thasians erected a statue to Theagenes, a victor in the games, one of his rivals went to it by night, and endeavoured to throw it down by repeated blows, until at last he moved it from its pedestal, and was crushed to death beneath its fall.

This voice of fable has in it somewhat divine. It came from thought above the will of the writer. That is the best part of each writer, which has nothing private in it; that which he does not know; that which flowed out of his constitution, and not from his too active invention; that which in the study of a single artist you might not easily find, but in the study of many, you would abstract as the spirit of them all. Phidias it is not, but the work of man in that early Hellenic world, that I would know. The name and circumstance of Phidias, however convenient for history, embarrass when we come to the highest criticism. We are to see that which man was tending to do in a given period, and was hindered, or, if you will, modified in doing, by the interfering volitions of Phidias, of Dante, of Shakespeare, the organ whereby man at the moment wrought.

Still more striking is the expression of this fact in the proverbs of all nations, which are always the literature of reason, or the statements of an absolute truth, without qualification. Proverbs, like the sacred books of each nation, are the sanctuary of the intuitions. That which the droning world, chained to appearances, will not allow the realist to say in his own words, it will suffer him to say in proverbs without contradiction. And this law of laws which the pulpit, the senate, and the college deny, is hourly preached in all markets and workshops by flights of proverbs, whose teaching is as true and as omnipresent as that of birds and flies.

All things are double, one against another. — Tit for tat; an eye for an eye; a tooth for a tooth; blood for blood; measure for measure; love for love. — Give and it shall be given you. — He that watereth shall be watered himself. — What will you have? quoth God; pay for it and take it. — Nothing venture, nothing have. — Thou shalt be paid exactly for what thou hast done, no more, no less. — Who doth not work shall not eat. — Harm watch, harm catch. — Curses always recoil on the head of him who imprecates them. — If you put a chain around the neck of a slave, the other end fastens itself around your own. — Bad counsel confounds the adviser. — The Devil is an ass.

It is thus written, because it is thus in life. Our action is overmastered and characterized above our will by the law of nature. We aim at a petty end quite aside from the public good, but our act arranges itself by irresistible magnetism in a line with the poles of the world.

A man cannot speak but he judges himself. With his will, or against his will, he draws his portrait to the eye of his companions by every word. Every opinion reacts on him who utters it. It is a thread-ball thrown at a mark, but the other end remains in the thrower's bag. Or, rather, it is a harpoon hurled at the whale, unwinding, as it flies, a coil of cord in the boat, and if the harpoon is not good, or not well thrown, it will go nigh to cut the steersman in twain, or to sink the boat.

You cannot do wrong without suffering wrong.

"No man had ever a point of pride that was not injurious to him," said Burke. The exclusive in fashionable life does not see that he excludes himself from enjoyment, in the attempt to appropriate it. The exclusionist in religion does not see that he shuts the door of heaven on himself, in striving to shut out others. Treat men as pawns and ninepins, and you shall suffer as well as they. If you leave out their heart, you shall lose your own. The senses would make things of all persons; of women, of children, of the poor. The vulgar proverb, "I will get it from his purse or get it from his skin," is sound philosophy.

All infractions of love and equity in our social relations are speedily punished. They are punished by fear. Whilst I stand in simple relations to my fellow-man, I have no displeasure in meeting him. We meet as water meets water, or as two currents of air mix, with perfect diffusion and interpenetration of nature. But as soon as there is any departure from simplicity, and attempt at halfness, or good for me that is not good for him, my neighbour feels the wrong; he shrinks from me as far as I have shrunk from him; his eyes no longer seek mine; there is war between us; there is hate in him and fear in me.

All the old abuses in society, universal and particular, all unjust accumulations of property and power, are avenged in the same manner. Fear is an instructer of great sagacity, and the herald of all revolutions. One thing he teaches, that there is rottenness where he appears. He is a carrion crow, and though you see not well what he hovers for, there is death somewhere. Our property is timid, our laws are timid, our cultivated classes are timid. Fear for ages has boded and mowed and gibbered over government and property. That obscene bird is not there for nothing. He indicates great wrongs which must be revised.

Of the like nature is that expectation of change which instantly follows the suspension of our voluntary activity. The terror of cloudless noon, the emerald of Polycrates, the awe of prosperity, the instinct which leads every generous soul to impose on itself tasks of a noble asceticism and vicarious virtue, are the tremblings of the balance of justice through the heart and mind of man.

Experienced men of the world know very well that it is best to pay scot and lot as they go along, and that a man often pays dear for a small frugality. The borrower runs in his own debt. Has a man gained any thing who has received a hundred favors and rendered none? Has he gained by borrowing, through indolence or cunning, his neighbour's wares, or horses, or money? There arises on the deed the instant acknowledgment of benefit on the one part, and of debt on the other; that is, of superiority and inferiority. The transaction remains in the memory of himself and his neighbour; and every new transaction alters, according to its nature, their relation to each other. He may soon come to see that he had better have broken his own bones than to have ridden in his neighbour's coach, and that "the highest price he can pay for a thing is to ask for it."

A wise man will extend this lesson to all parts of life, and know that it is the part of prudence to face every claimant, and pay every just demand on your time, your talents, or your heart. Always pay; for, first or last, you must pay your entire debt. Persons and events may stand for a time between you and justice, but it is only a postponement. You must pay at last your own debt. If you are wise, you will dread a prosperity which only loads you with more. Benefit is the end of nature. But for every benefit which you receive, a tax is levied. He is great who confers the most benefits. He is base — and that is the one base thing in the universe — to receive favors and render none. In the order of nature we cannot render benefits to those from whom we receive them, or only seldom. But the benefit we receive must be rendered again, line for line, deed for deed, cent for cent, to somebody. Beware of too much good staying in your hand. It will fast corrupt and worm worms. Pay it away quickly in some sort.

Labor is watched over by the same pitiless laws. Cheapest, say the prudent, is the dearest labor. What we buy in a broom, a mat, a wagon, a knife, is some application of good sense to a common want. It is best to pay in your land a skilful gardener, or to buy good sense applied to gardening; in your sailor, good sense applied to navigation; in the house, good sense applied to cooking, sewing, serving; in your agent, good sense applied to accounts and affairs. So do you multiply your presence, or spread yourself throughout your estate. But because of the dual constitution of things, in labor as in life there can be no cheating. The thief steals from himself. The swindler swindles himself. For the real price of labor is knowledge and virtue, whereof wealth and credit are signs. These signs, like paper money, may be counterfeited or stolen, but that which they represent, namely, knowledge and virtue, cannot be counterfeited or stolen. These ends of labor cannot be answered but by real exertions of the mind, and in obedience to pure motives. The cheat, the defaulter, the gambler, cannot extort the knowledge of material and moral nature which his honest care and pains yield to the operative. The law of nature is, Do the thing, and you shall have the power: but they who do not the thing have not the power.

Human labor, through all its forms, from the sharpening of a stake to the construction of a city or an epic, is one immense illustration of the perfect compensation of the universe. The absolute balance of Give and Take, the doctrine that every thing has its price, — and if that price is not paid, not that thing but something else is obtained, and that it is impossible to get any thing without its price, — is not less sublime in the columns of a leger than in the budgets of states, in the laws of light and darkness, in all the action and reaction of nature. I cannot doubt that the high laws which each man sees implicated in those processes with which he is conversant, the stern ethics which sparkle on his chisel-edge, which are measured out by his plumb and foot-rule, which stand as manifest in the footing of the shop-bill as in the history of a state, — do recommend to him his trade, and though seldom named, exalt his business to his imagination.

The league between virtue and nature engages all things to assume a hostile front to vice. The beautiful laws and substances of the world persecute and whip the traitor. He finds that things are arranged for truth and benefit, but there is no den in the wide world to hide a rogue. Commit a crime, and the earth is made of glass. Commit a crime, and it seems as if a coat of snow fell on the ground, such as reveals in the woods the track of every partridge and fox and squirrel and mole. You cannot recall the spoken word, you cannot wipe out the foot-track, you cannot draw up the ladder, so as to leave no inlet or clew. Some damning circumstance always transpires. The laws and substances of nature — water, snow, wind, gravitation — become penalties to the thief.

On the other hand, the law holds with equal sureness for all right action. Love, and you shall be loved. All love is mathematically just, as much as the two sides of an algebraic equation. The good man has absolute good, which like fire turns every thing to its own nature, so that you cannot do him any harm; but as the royal armies sent against Napoleon, when he approached, cast down their colors and from enemies became friends, so disasters of all kinds, as sickness, offence, poverty, prove benefactors: —

Winds blow and waters roll Strength to the brave, and power and deity, Yet in themselves are nothing."

The good are befriended even by weakness and defect. As no man had ever a point of pride that was not injurious to him, so no man had ever a defect that was not somewhere made useful to him. The stag in the fable admired his horns and blamed his feet, but when the hunter came, his feet saved him, and afterwards, caught in the thicket, his horns destroyed him. Every man in his lifetime needs to thank his faults. As no man thoroughly understands a truth until he has contended against it, so no man has a thorough acquaintance with the hindrances or talents of men, until he has suffered from the one, and seen the triumph of the other over his own want of the same. Has he a defect of temper that unfits him to live in society? Thereby he is driven to entertain himself alone, and acquire habits of self-help; and thus, like the wounded oyster, he mends his shell with pearl.

Our strength grows out of our weakness.

The indignation which arms itself with secret forces does not awaken until we are pricked and stung and sorely assailed. A great man is always willing to be little. Whilst he sits on the cushion of advantages, he goes to sleep. When he is pushed, tormented, defeated, he has a chance to learn something; he has been put on his wits, on his manhood; he has gained facts; learns his ignorance; is cured of the insanity of conceit; has got moderation and real skill. The wise man throws himself on the side of his assailants. It is more his interest than it is theirs to find his weak point. The wound cicatrizes and falls off from him like a dead skin, and when they would triumph, lo! he has passed on invulnerable. Blame is safer than praise. I hate to be defended in a newspaper. As long as all that is said is said against me, I feel a certain assurance of success. But as soon as honeyed words of praise are spoken for me, I feel as one that lies unprotected before his enemies. In general, every evil to which we do not succumb is a benefactor. As the Sandwich Islander believes that the strength and valor of the enemy he kills passes into himself, so we gain the strength of the temptation we resist.

The same guards which protect us from disaster, defect, and enmity, defend us, if we will, from selfishness and fraud. Bolts and bars are not the best of our institutions, nor is shrewdness in trade a mark of wisdom. Men suffer all their life long, under the foolish superstition that they can be cheated. But it is as impossible for a man to be cheated by any one but himself, as for a thing to be and not to be at the same time. There is a third silent party to all our bargains. The nature and soul of things takes on itself the guaranty of the fulfilment of every contract, so that honest service cannot come to loss. If you serve an ungrateful master, serve him the more. Put God in your debt. Every stroke shall be repaid. The longer the payment is withholden, the better for you; for compound interest on compound interest is the rate and usage of this exchequer.

The history of persecution is a history of endeavours to cheat nature, to make water run up hill, to twist a rope of sand. It makes no difference whether the actors be many or one, a tyrant or a mob. A mob is a society of bodies voluntarily bereaving themselves of reason, and traversing its work. The mob is man voluntarily descending to the nature of the beast. Its fit hour of activity is night. Its actions are insane like its whole constitution. It persecutes a principle; it would whip a right; it would tar and feather justice, by inflicting fire and outrage upon the houses and persons of those who have these. It resembles the prank of boys, who run with fire-engines to put out the ruddy aurora streaming to the stars. The inviolate spirit turns their spite against the wrongdoers. The martyr cannot be dishonored. Every lash inflicted is a tongue of fame; every prison, a more illustrious abode; every burned book or house enlightens the world; every suppressed or expunged word reverberates through the earth from side to side. Hours of sanity and consideration are always arriving to communities, as to individuals, when the truth is seen, and the martyrs are justified.

Thus do all things preach the indifferency of circumstances. The man is all. Every thing has two sides, a good and an evil. Every advantage has its tax. I learn to be content. But the doctrine of compensation is not the doctrine of indifferency. The thoughtless say, on hearing these representations, — What boots it to do well? there is one event to good and evil; if I gain any good, I must pay for it; if I lose any good, I gain some other; all actions are indifferent.

There is a deeper fact in the soul than compensation, to wit, its own nature.

The soul is not a compensation, but a life. The soul _is_. Under all this running sea of circumstance, whose waters ebb and flow with perfect balance, lies the aboriginal abyss of real Being. Essence, or God, is not a relation, or a part, but the whole. Being is the vast affirmative, excluding negation, self-balanced, and swallowing up all relations, parts, and times within itself. Nature, truth, virtue, are the influx from thence. Vice is the absence or departure of the same. Nothing, Falsehood, may indeed stand as the great Night or shade, on which, as a background, the living universe paints itself forth; but no fact is begotten by it; it cannot work; for it is not. It cannot work any good; it cannot work any harm. It is harm inasmuch as it is worse not to be than to be.

We feel defrauded of the retribution due to evil acts, because the criminal adheres to his vice and contumacy, and does not come to a crisis or judgment anywhere in visible nature. There is no stunning confutation of his nonsense before men and angels. Has he therefore outwitted the law? Inasmuch as he carries the malignity and the lie with him, he so far deceases from nature. In some manner there will be a demonstration of the wrong to the understanding also; but should we not see it, this deadly deduction makes square the eternal account.

Neither can it be said, on the other hand, that the gain of rectitude must be bought by any loss. There is no penalty to virtue; no penalty to wisdom; they are proper additions of being. In a virtuous action, I properly _am_; in a virtuous act, I add to the world; I plant into deserts conquered from Chaos and Nothing, and see the darkness receding on the limits of the horizon. There can be no excess to love; none to knowledge; none to beauty, when these attributes are considered in the purest sense. The soul refuses limits, and always affirms an Optimism, never a Pessimism.

His life is a progress, and not a station. His instinct is trust. Our instinct uses "more" and "less" in application to man, of the _presence of the soul_, and not of its absence; the brave man is greater than the coward; the true, the benevolent, the wise, is more a man, and not less, than the fool and knave. There is no tax on the good of virtue; for that is the incoming of God himself, or absolute existence, without any comparative. Material good has its tax, and if it came without desert or sweat, has no root in me, and the next wind will blow it away. But all the good of nature is the soul's, and may be had, if paid for in nature's lawful coin, that is, by labor which the heart and the head allow. I no longer wish to meet a good I do not earn, for example, to find a pot of buried gold, knowing that it brings with it new burdens. I do not wish more external goods, — neither possessions, nor honors, nor powers, nor persons. The gain is apparent; the tax is certain. But there is no tax on the knowledge that the compensation exists, and that it is not desirable to dig up treasure. Herein I rejoice with a serene eternal peace. I contract the boundaries of possible mischief. I learn the wisdom of St. Bernard, — "Nothing can work me damage except myself; the harm that I sustain I carry about with me, and never am a real sufferer but by my own fault."

In the nature of the soul is the compensation for the inequalities of condition.

The radical tragedy of nature seems to be the distinction of More and Less. How can Less not feel the pain; how not feel indignation or malevolence towards More? Look at those who have less faculty, and one feels sad, and knows not well what to make of it. He almost shuns their eye; he fears they will upbraid God. What should they do? It seems a great injustice. But see the facts nearly, and these mountainous inequalities vanish. Love reduces them, as the sun melts the iceberg in the sea. The heart and soul of all men being one, this bitterness of _His_ and _Mine_ ceases. His is mine. I am my brother, and my brother is me. If I feel overshadowed and outdone by great neighbours, I can yet love; I can still receive; and he that loveth maketh his own the grandeur he loves. Thereby I make the discovery that my brother is my guardian, acting for me with the friendliest designs, and the estate I so admired and envied is my own. It is the nature of the soul to appropriate all things. Jesus and Shakespeare are fragments of the soul, and by love I conquer and incorporate them in my own conscious domain. His virtue, — is not that mine? His wit, — if it cannot be made mine, it is not wit.

Such, also, is the natural history of calamity. The changes which break up at short intervals the prosperity of men are advertisements of a nature whose law is growth. Every soul is by this intrinsic necessity quitting its whole system of things, its friends, and home, and laws, and faith, as the shell-fish crawls out of its beautiful but stony case, because it no longer admits of its growth, and slowly forms a new house. In proportion to the vigor of the individual, these revolutions are frequent, until in some happier mind they are incessant, and all worldly relations hang very loosely about him, becoming, as it were, a transparent fluid membrane through which the living form is seen, and not, as in most men, an indurated heterogeneous fabric of many dates, and of no settled character in which the man is imprisoned. Then there can be enlargement, and the man of to-day scarcely recognizes the man of yesterday. And such should be the outward biography of man in time, a putting off of dead circumstances day by day, as he renews his raiment day by day. But to us, in our lapsed estate, resting, not advancing, resisting, not cooperating with the divine expansion, this growth comes by shocks.

We cannot part with our friends. We cannot let our angels go. We do not see that they only go out, that archangels may come in. We are idolaters of the old. We do not believe in the riches of the soul, in its proper eternity and omnipresence. We do not believe there is any force in to-day to rival or recreate that beautiful yesterday. We linger in the ruins of the old tent, where once we had bread and shelter and organs, nor believe that the spirit can feed, cover, and nerve us again. We cannot again find aught so dear, so sweet, so graceful. But we sit and weep in vain. The voice of the Almighty saith, 'Up and onward for evermore!' We cannot stay amid the ruins. Neither will we rely on the new; and so we walk ever with reverted eyes, like those monsters who look backwards.

And yet the compensations of calamity are made apparent to the understanding also, after long intervals of time. A fever, a mutilation, a cruel disappointment, a loss of wealth, a loss of friends, seems at the moment unpaid loss, and unpayable. But the sure years reveal the deep remedial force that underlies all facts. The death of a dear friend, wife, brother, lover, which seemed nothing but privation, somewhat later assumes the aspect of a guide or genius; for it commonly operates revolutions in our way of life, terminates an epoch of infancy or of youth which was waiting to be closed, breaks up a wonted occupation, or a household, or style of living, and allows the formation of new ones more friendly to the growth of character. It permits or constrains the formation of new acquaintances, and the reception of new influences that prove of the first importance to the next years; and the man or woman who would have remained a sunny garden-flower, with no room for its roots and too much sunshine for its head, by the falling of the walls and the neglect of the gardener, is made the banian of the forest, yielding shade and fruit to wide neighbourhoods of men.

What is Emerson's Law of Compensation?

Content is coming very soon

How can I practice the Law of Compensation?

Ralph Waldo Emerson left the ministry to pursue a career in writing and public speaking. Emerson became one of America's best known and best-loved 19th-century figures. More About Emerson

Quick Links

Self-reliance.

• Address at Divinity College
• English Traits
• Representative Men
• The American Scholar
• The Conduct of Life
• Essays: First Series
• Essays: Second Series
• Nature: Addresses/Lectures
• Lectures / Biographies
• Letters and Social Aims

Early Emerson Poems

• Uncollected Prose
• Government of Children

Emerson Quotes

"Every man has his own courage, and is betrayed because he seeks in himself the courage of other persons." – Ralph Waldo Emerson

“Do not go where the path may lead, go instead where there is no path and leave a trail.” – Ralph Waldo Emerson

“The purpose of life is not to be happy. It is to be useful, to be honorable, to be compassionate, to have it make some difference that you have lived and lived well.”  – Ralph Waldo Emerson

Emerson's Essays

Research the collective works of Ralph Waldo Emerson. Read More Essay

Emerson's most famous work that can truly change your life. Check it out

America's best known and best-loved poems. More Poems

On Crime and Punishments by Cesare Beccaria

This essay about Cesare Beccaria’s “On Crimes and Punishments” examines the significant impact of the 1764 treatise on the development of modern legal systems. Beccaria’s work was groundbreaking in advocating for the principles of just punishment, deterrence over retribution, and the abolition of capital punishment. He argued that punishment should be prompt, certain, and proportional to the crime to effectively deter criminal activity. The essay highlights Beccaria’s ideas on the rationality of punishment, the ineffectiveness of torture and death penalties, and the importance of proportionality in sentencing. These concepts have profoundly influenced modern criminal law, leading to reforms that emphasize humane and rational responses to crime. Beccaria’s advocacy for prevention through clear laws and public education is also discussed as foundational to contemporary approaches in criminology and legal education, showing his lasting influence on constitutional law in the United States and legal reforms across Europe.

How it works

Cesare Beccaria’s “On Crimes and Punishments” stands as a seminal opus in the annals of legal philosophy and criminology, initially published in 1764. This treatise marked one of the inaugural endeavors at meticulously scrutinizing law and the justice apparatus, championing reforms that would subsequently impact significant legal frameworks across Europe and America. This exposition delves into the pivotal motifs of Beccaria’s oeuvre, its historical milieu, and its enduring ramifications on contemporary legal methodologies and theories of punitive measures.

Beccaria penned “On Crimes and Punishments” in reaction to his observations of the inequity and barbarity inherent in the criminal justice systems of the 18th century.

During that epoch, legal frameworks were capricious, merciless, and disproportionately draconian. Penalties frequently encompassed torment and executions, typically enacted in public displays. Beccaria repudiated these methodologies on philosophical, fiscal, and humanitarian grounds, positing a legal structure that was coherent, equitable, and commensurate to the transgressions perpetrated.

A pivotal contention of Beccaria’s treatise is that the objective of punitive measures should be deterrence, rather than retribution. This constituted a paradigmatic deviation from the prevailing ideologies of the era, which construed punitive measures as a manifestation of retributive justice meted out by divine prerogative. Beccaria contended that for punitive measures to be efficacious, they must be expeditious and unequivocal, informing prospective malefactors of the repercussions should they engage in transgressions. This precept influenced the evolution of the classical school of criminology, which accentuates the import of rationality and deterrence.

Beccaria also introduced the notion that capital punishment is neither a efficacious nor a requisite mode of penalization. He contended that it was not efficacious in dissuading transgressions more than life incarceration and that it constituted an irrevocable act of aggression by the state that could culminate in judicial fallacies proving fatal. This constituted a revolutionary notion that instigated the movement toward the abolition of capital punishment in sundry nations.

Another momentous contribution of Beccaria’s opus is his advocacy for the commensurability between transgressions and punitive measures. He opined that the severity of the penalty should commensurate with the gravity of the transgression to uphold societal order and discourage further transgressions. This principle has evolved into a cornerstone of contemporary legal frameworks globally, influencing both the formulation of penalties and the dispensation of justice.

“On Crimes and Punishments” also deliberates on the significance of precluding transgressions rather than penalizing them. Beccaria champions a regimen of laws to guarantee lucid definitions of transgressions and the corresponding punitive measures, contending that this lucidity would aid in deterring transgressions in the first place. He also underscores the role of education in transgression prevention, suggesting that an enlightened populace is less inclined to engage in transgressions.

The impact of Beccaria’s opus transcends his immediate epoch. “On Crimes and Punishments” galvanized and enlightened the framers of the U.S. Constitution and wielded a profound influence on the evolution of the American criminal justice apparatus. His ideologies also informed legal reforms in his native Italy and throughout Europe, laying the groundwork for modern criminal jurisprudence and the eradication of torture and capital punishment in myriad regions of the globe.

In summation, Cesare Beccaria’s “On Crimes and Punishments” is a pivotal oeuvre that persists in resonating across the realms of law, criminal justice, and human rights. Its advocacy for humane and reasoned approaches to punitive measures has molded the foundational precepts of contemporary legal frameworks, rendering it one of the most seminal works in the annals of criminal jurisprudence and justice.

Cite this page

On Crime And Punishments By Cesare Beccaria. (2024, Apr 22). Retrieved from https://papersowl.com/examples/on-crime-and-punishments-by-cesare-beccaria/

"On Crime And Punishments By Cesare Beccaria." PapersOwl.com , 22 Apr 2024, https://papersowl.com/examples/on-crime-and-punishments-by-cesare-beccaria/

PapersOwl.com. (2024). On Crime And Punishments By Cesare Beccaria . [Online]. Available at: https://papersowl.com/examples/on-crime-and-punishments-by-cesare-beccaria/ [Accessed: 18 Oct. 2024]

"On Crime And Punishments By Cesare Beccaria." PapersOwl.com, Apr 22, 2024. Accessed October 18, 2024. https://papersowl.com/examples/on-crime-and-punishments-by-cesare-beccaria/

"On Crime And Punishments By Cesare Beccaria," PapersOwl.com , 22-Apr-2024. [Online]. Available: https://papersowl.com/examples/on-crime-and-punishments-by-cesare-beccaria/. [Accessed: 18-Oct-2024]

PapersOwl.com. (2024). On Crime And Punishments By Cesare Beccaria . [Online]. Available at: https://papersowl.com/examples/on-crime-and-punishments-by-cesare-beccaria/ [Accessed: 18-Oct-2024]

Don't let plagiarism ruin your grade

Hire a writer to get a unique paper crafted to your needs.

Our writers will help you fix any mistakes and get an A+!

Please check your inbox.

You can order an original essay written according to your instructions.

Trusted by over 1 million students worldwide

1. Tell Us Your Requirements

2. Pick your perfect writer

3. Get Your Paper and Pay

Hi! I'm Amy, your personal assistant!

Don't know where to start? Give me your paper requirements and I connect you to an academic expert.

short deadlines

100% Plagiarism-Free

Certified writers

An official website of the United States government, Department of Justice.

Here's how you know

Official websites use .gov A .gov website belongs to an official government organization in the United States.

Secure .gov websites use HTTPS A lock ( Lock A locked padlock ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

Five Things About Deterrence

Does punishment prevent crime? If so, how, and to what extent? Deterrence — the crime prevention effects of the threat of punishment — is a theory of choice in which individuals balance the benefits and costs of crime.

In his 2013 essay, “Deterrence in the Twenty-First Century,” Daniel S. Nagin succinctly summarized the current state of theory and empirical knowledge about deterrence. [1] The information in this publication is drawn from Nagin’s essay with additional context provided by NIJ and is presented here to help those who make policies and laws that are based on science. [2]

NIJ’s “Five Things About Deterrence” summarizes a large body of research related to deterrence of crime into five points.

1. The certainty of being caught is a vastly more powerful deterrent than the punishment.

Research shows clearly that the chance of being caught is a vastly more effective deterrent than even draconian punishment.

2. Sending an individual convicted of a crime to prison isn’t a very effective way to deter crime.

Prisons are good for punishing criminals and keeping them off the street, but prison sentences (particularly long sentences) are unlikely to deter future crime. Prisons actually may have the opposite effect: Persons who are incarcerated learn more effective crime strategies from each other, and time spent in prison may desensitize many to the threat of future imprisonment.

See Understanding the Relationship Between Sentencing and Deterrence for additional discussion on prison as an ineffective deterrent.

3. Police deter crime by increasing the perception that criminals will be caught and punished.

The police deter crime when they do things that strengthen a criminal’s perception of the certainty of being caught. Strategies that use the police as “sentinels,” such as hot spots policing, are particularly effective. A criminal’s behavior is more likely to be influenced by seeing a police officer with handcuffs and a radio than by a new law increasing penalties.

4. Increasing the severity of punishment does little to deter crime.

Laws and policies designed to deter crime by focusing mainly on increasing the severity of punishment are ineffective partly because criminals know little about the sanctions for specific crimes.

More severe punishments do not “chasten” individuals convicted of crimes, and prisons may exacerbate recidivism.

5. There is no proof that the death penalty deters criminals.

According to the National Academy of Sciences, "Research on the deterrent effect of capital punishment is uninformative about whether capital punishment increases, decreases, or has no effect on homicide rates."

Understanding the Relationship Between Sentencing and Deterrence

In his 2013 essay, “Deterrence in the Twenty-First Century,” Daniel S. Nagin succinctly summarized the current state of theory and empirical knowledge about deterrence. The information in this publication is drawn from Nagin’s essay with additional context provided by NIJ and is presented here to help those who make policies and laws that are based on science.

NIJ’s “Five Things About Deterrence” summarizes a large body of research related to deterrence of crime into five points. Two of the five things relate to the impact of sentencing on deterrence — “Sending an individual convicted of a crime to prison isn’t a very effective way to deter crime” and “Increasing the severity of punishment does little to deter crime.” Those are simple assertions, but the issues of punishment and deterrence are far more complex. This addendum to the original “Five Things” provides additional context and evidence regarding those two statements.

It is important to note that while the assertion in the original “Five Things” focused only on the impact of sentencing on deterring the commission of future crimes, a prison sentence serves two primary purposes: punishment and incapacitation. Those two purposes combined are a linchpin of United States sentencing policy, and those who oversee sentencing or are involved in the development of sentencing policy should always keep that in mind.

“Sending an individual convicted of a crime to prison isn’t a very effective way to deter crime.”

Prison is an important option for incapacitating and punishing those who commit crimes, but the data show long prison sentences do little to deter people from committing future crimes.

Viewing the findings of research on severity effects in their totality, there is evidence suggesting that short sentences may be a deterrent. However, a consistent finding is that increases in already lengthy sentences produce at best a very modest deterrent effect.

A very small fraction of individuals who commit crimes — about 2 to 5 percent — are responsible for 50 percent or more of crimes. [3] Locking up these individuals when they are young and early in their criminal careers could be an effective strategy to preventing crime if we could identify who they are. The problem is: we can’t. We have tried to identify the young people most likely to commit crimes in the future, but the science shows we can’t do it effectively.

It is important to recognize that many of these individuals who offend at higher rates may already be incarcerated because they put themselves at risk of apprehension so much more frequently than individuals who offend at lower rates.

“Increasing the severity of punishment does little to deter crime.”

To clarify the relationship between the severity of punishment and the deterrence of future crimes, you need to understand:

• The lack of any “chastening” effect from prison sentences,
• That prisons may exacerbate recidivism,
• The different impacts of the certainty versus the severity of punishment on deterrence, and
• That individuals grow out of criminal activity as they age.

More severe punishments do not “chasten” individuals convicted of crimes.

Some policymakers and practitioners believe that increasing the severity of the prison experience enhances the “chastening” effect, thereby making individuals convicted of an offense less likely to commit crimes in the future. In fact, scientists have found no evidence for the chastening effect. Prisons may exacerbate recidivism. Research has found evidence that prison can exacerbate, not reduce, recidivism. Prisons themselves may be schools for learning to commit crimes. In 2009, Nagin, Cullen and Jonson published a review of evidence on the effect of imprisonment on reoffending. [4] The review included a sizable number of studies, including data from outside the U.S. The researchers concluded:

“… compared to non-custodial sanctions, incarceration has a null or mildly criminogenic impact on future criminal involvement. We caution that this assessment is not sufficiently firm to guide policy, with the exception that it calls into question wild claims that imprisonment has strong specific deterrent effects.”

Certainty has a greater impact on deterrence than severity of punishment.

Severity refers to the length of a sentence. Studies show that for most individuals convicted of a crime, short to moderate prison sentences may be a deterrent but longer prison terms produce only a limited deterrent effect. In addition, the crime prevention benefit falls far short of the social and economic costs.

Certainty refers to the likelihood of being caught and punished for the commission of a crime. Research underscores the more significant role that certainty plays in deterrence than severity — it is the certainty of being caught that deters a person from committing crime, not the fear of being punished or the severity of the punishment. Effective policing that leads to swift and certain (but not necessarily severe) sanctions is a better deterrent than the threat of incarceration. In addition, there is no evidence that the deterrent effect increases when the likelihood of conviction increases. Nor is there any evidence that the deterrent effect increases when the likelihood of imprisonment increases.

A person’s age is a powerful factor in deterring crime.

Even those individuals who commit crimes at the highest rates begin to change their criminal behavior as they age. The data show a steep decline at about age 35. [5] A more severe (i.e., lengthy) prison sentence for convicted individuals who are naturally aging out of crime does achieve the goal of punishment and incapacitation. But that incapacitation is a costly way to deter future crimes by aging individuals who already are less likely to commit those crimes by virtue of age.

[note 1] Nagin, Daniel S., "Deterrence in the Twenty-First Century," in Crime and Justice in America: 1975-2025, ed. M. Tonry, Chicago, Ill.: University of Chicago Press, 2013: 199-264. View an abstract .

[note 2]  

Opinions or points of view expressed on this site represent a consensus of the authors and do not necessarily represent the official position or policies of the U.S. Department of Justice. The content on this page is not intended to create, does not create, and may not be relied upon to create any rights, substantive or procedural, enforceable at law by any party in any matter civil or criminal.

[note 3] Mulvey, Edward P., Highlights from Pathways to Desistance: A Longitudinal Study of Serious Adolescent Offenders (pdf, 4 pages) , Juvenile Justice Fact Sheet, Washington, DC: U.S. Department of Justice, Office of Juvenile Justice and Delinquency Prevention, March 2011, NCJ 230971.

[note 4] Nagin, Daniel S., Francis T. Cullen and Cheryl Lero Johnson, “Imprisonment and Reoffending,” Crime and Justice: A Review of Research, vol. 38, ed. Michael Tonry, Chicago: University of Chicago Press, 2009: 115-200.

[note 5] Sampson, Robert. J., John H. Laub and E.P. Eggleston, “On the Robustness and Validity of Groups,” Journal of Quantitative Criminology 20 (1) (2004): 37-42.

Cite this Article

Read more about:, nij's "five things" series.

Find more titles in NIJ's "Five Things" series . 

Crime and Punishment

• Original Paper
• Published: 07 January 2020
• Volume 14 , pages 289–298, ( 2020 )

Cite this article

• Lindsay Farmer 1  

900 Accesses

Explore all metrics

This is a review essay of Lagasnerie, Judge and Punish and Fassin, The Will to Punish. It explores the way that these two books challenge conventional thinking about the relationship between crime and punishment.

This is a preview of subscription content, log in via an institution to check access.

Access this article

Subscribe and save.

• Get 10 units per month
• Download Article/Chapter or eBook
• 1 Unit = 1 Article or 1 Chapter
• Cancel anytime

Price includes VAT (Russian Federation)

Instant access to the full article PDF.

Rent this article via DeepDyve

Institutional subscriptions

Similar content being viewed by others

Punishment, Jesters and Judges: a Response to Nathan Hanna

Arguing against the expressive function of punishment: is the standard account that insufficient.

Introduction: Punishment, Its Meaning and Justification

OW Holmes, The Common Law (1881) (London: Macmillan 1968) p. 37.

With B Western, R McLennan & D Garland, edited by C Kutz (Oxford: Oxford UP, 2018) (henceforth WP ).

Stanford: Stanford UP, 2018 (henceforth J&P ).

AW Norrie, “Beyond Persecutory Impulse and Humanising Trace. On Didier Fassin’s The Will to Punish ” (2019) 13 Crim Law & Phil. 681-8.

Although it is worth noting in passing that the final chapter of Judge and Punish is an impassioned critique of ethnography as a “non-critical and conservative” method, directed particularly at the work of Fassin. See J&P , ch.15.

J&P, pp. 37–8.

J&P, ch.6.

J&P, p. 40.

“The specificity of the state comes from the fact that it constitutes a power that strips its subjects of the possibility of renouncing it.” J&P, p. 41.

J&P, pp. 72–3.

J&P, p. 77.

His argument is that while criminal codes also deal with situations of ‘irresponsibility’ (or non-responsibility), the nature of these defences does not flow from the form of responsibility but from the fact that there exists a prior system of meaning by which we distribute responsibility. See J&P, ch.7.

J&P ch.8 esp. at pp. 82–91 citing P Fauconnet, La Responsabilité (Paris: Alcan, 1920).

J&P, p. 90. See also the discussion of Kelsen at pp. 80–82. See also Fassin, WP, p. 111: “By confronting the individual with his act under the exclusive principle of liability, society absolves itself of its responsibility in the social production and construction of illegalisms”. Cf. S Veitch, Law and Irresponsibility. On the Legitimation of Human Suffering (Oxford: Hart Publishing, 2007).

J&P, p103. Cf. Fassin, WP, ch.3 arguing that there is a similar disavowal of social responsibility in the distribution of punishment.

J&P, p. 115.

“We don’t want to punish someone because he or she is seen as being responsible. Rather, we designate someone as responsible because we want to punish and inflict suffering” (J&P, p. 147 citing F Nietzsche, On the Genealogy of Morality (Cambridge: Cambridge UP, 1994).

J&P, p. 148. cf. N Christie, “Conflicts as Property” (1977) 17 BJ Criminol 1–15.

As represented by the figure of the prosecutor who defends the interests of society (J&P, pp. 143–5).

J&P, p. 148.

J&P, p. 153.

Fassin, WP, p. 81.

J&P, p. 151. E Durkheim, The Division of Labour in Society (New York: Free Press, 1933) ch.2. Cf. Fassin, WP, p. 56 who merely notes that Durkheim’s account is at odds with his genealogy of punishment.

J&P, p. 170 (emphasis in original).

To the point that we might reverse the normal order of our understanding and ask not whether it is the state that is defining punishment, but whether it is punishment that is defining the state.

Fassin, WP, Prologue.

Key works were A von Hirsch, Doing Justice. The Choice of Punishments (New York: Hill & Wang, 1976) and G Fletcher, Rethinking Criminal Law (Boston: Little, Brown Co., 1978).

RA Duff, The Realm of the Criminal Law (Oxford: Oxford UP, 2018) p. 15: “we should not let criminal punishment dominate our discussion of what criminal law is, or ought to be: its other two dimensions [defining offences and trying crimes] have meanings, and can serve significant purposes, that do not depend on punishment.”.

V Chiao, Criminal Law in the Age of the Administrative State (New York: Oxford UP, 2019) ch.4.

Making the Modern Criminal Law. Criminalization and Civil Orde r (Oxford: Oxford UP, 2016) p. 299. See also ch.1.

R Reiner, Crime. The Mystery of a Common Sense Concept (Cambridge: Polity, 2016).

“Historicising Criminalisation: Conceptual and Empirical Issues” (2009) 72 Mod LR 936–60.

L McNamara et al., “Theorising Criminalisation: The Value of a Modalities Approach” (2018) 7 IJCJ&SD 91–121.

(2018) 7(3) IJCJ&SD Special Issue: Hidden Criminalisation: Punitiveness at the Edges (eds. J Quilter & L McNamara); cf. Z Hoskins, Beyond Punishment. A Normative Account of the Collateral Legal Consequences of Conviction (Oxford: Oxford UP, 2019).

D Garland, “The Rule of Law, Representational Struggles and the Will to Punish” in WP, pp. 154–67.

Ibid p. 163.

Ibid p. 164.

HLA Hart, “Prolegomenon to the Principles of Punishment” in Punishment and Responsibility (Oxford: Clarendon Press, 1968) at pp. 4–5.

Though he does also criticise denunciatory theories for confusing the aims of the criminal law (condemning socially undesirable conduct) with the aims of punishment, ibid pp. 7–8.

Lagasnerie provides some powerful examples of generalisation of wrongs from the particular incidents is used to justify the imposition of harsh punishment, J&P, pp. 161–70.

J&P, pp. 173–6. See e.g. G Becker, “Crime and Punishment: An Economic Approach” (1968) 76 Jnl of Political Economy 169–217.

There are also striking parallels here with both Christie, “Conflicts as Property” and the belief of some legal moralists that there are ‘pre-legal’ wrongs.

Reiner, Crime , pp. 2–4.

Author information

Authors and affiliations.

University of Glasgow, Glasgow, UK

Lindsay Farmer

You can also search for this author in PubMed   Google Scholar

Corresponding author

Correspondence to Lindsay Farmer .

Additional information

Publisher's note.

Springer Nature remains neutral with regard to jurisdictional claims in published maps and institutional affiliations.

Rights and permissions

Reprints and permissions

About this article

Farmer, L. Crime and Punishment. Criminal Law, Philosophy 14 , 289–298 (2020). https://doi.org/10.1007/s11572-019-09523-7

Download citation

Published : 07 January 2020

Issue Date : July 2020

DOI : https://doi.org/10.1007/s11572-019-09523-7

Share this article

Anyone you share the following link with will be able to read this content:

Sorry, a shareable link is not currently available for this article.

Provided by the Springer Nature SharedIt content-sharing initiative

• Criminal law theory
• Find a journal
• Publish with us
• Track your research

Excerpts from

An essay on crimes and punishments, by cesare beccaria translated from the italian, 1775 (original published in 1764), introduction, chapter i: of the origin of punishments, chapter ii: of the right to punish, chapter vi: of the proportion between crimes and punishments, chapter xii: of the intent of punishments, chapter xix: of the advantage of immediate punishment, chapter xxvii: of the mildness of punishments.