PREVENTION OF CRIME. THERE are, as it seems, two modes to which society resorts to prevent the commission of crime; first, by exciting such a sentiment of horror against the criminal act, as to diminish or destroy the desire to commit it; and secondly, supposing the desire to exist, by fear of the consequences attendant upon the gratification. The mode of exciting horror against any act Horror. is by the united disapprobation of law, morals, and religion; and, when these three sanctions unite, the power of the community is almost infinite. The Hindoo mother throws her infant to the sharks in the Ganges, and the widow burns herself to death upon the funeral pile of her husband. These errors are sanctioned by the law, the morals, and the religion of the country, which says, "She who sacrifices herself with her husband, shall ascend to heaven and be equal to Arundati." By such jargon are these innocents deluded. In England, three centuries ago, the island abounded with nunneries and monasteries, and they now abound in many countries, where they are sanctioned by law, morals, and religion. In England, we recoil from wilful and corrupt murder, and do not disapprove of the punishment: our law, our morals, and our religion, saying, "Who sheddeth man's blood by man shall his blood be shed." Neutrality. The neutrality of one of the sanctions seldom diminishes, and sometimes increases the power of the remaining sanctions.* The moral and re ligious sanctions oppose incest: it is not opposed by the legal sanction, but the crime is held in abhorrence. Opposition When there is any opposition between any of these sanctions the power is proportionably diminished. The legal and religious sanctions supported, for many years, the doctrine of usury. Since the publications by Adam Smith and Jeremy Bentham, they have been opposed by the moral sanction, which, if it is well founded, will ultimately prevail. "Recte enim veritas, temporis filia dicitur, non authoritatis."-Within the last twenty years it was a capital offence privately to steal a pocket-handkerchief worth one shilling; this law was opposed by the morals of the country, and by our religion, which Seneca. Our ancestors did wisely presume that parricide would never be committed, till by the law for punishing it they found that it might be done. "Itaque parricides cum legæ cæperunt et illis facinus pæna demonstravit." "desires not the death of a sinner, but rather that he should turn from his wickedness and live." The law is abolished. There are many other instances of similar decomposition of erroneous laws, criminal and commercial, and laws against civil and religious liberty. As knowledge advances, it decomposes error, and the law, sooner or later, becomes a dead letter. Another mode of preventing crime is, fear of Fear. the consequences attendant upon the gratification of the criminal desire. The use of this motive is founded upon the supposition that man acts from a calculation of the consequences of his actions; but do not 66 men think according to their opinions, and act according to their habits?" the shores of the Syrens were covered with the bones of the victims who yielded to temptation; but over these bones youth passed to gratify the same desires. |