What sort of converts will be produced by this unfeeling logic? "'IChapter ave deeply reflected," suppose, "upon the nature of virtue, and am convinced that a certain proceeding is incumbent on me. But the hangman, supported by an act of parliament, assures me I am mistaken." If I yield my opinion to his dictum, my action becomes modified, and my character also. An influence like this is inconsistent with all generous magnanimity of spirit, all ardent impartiality in the discovery of truth, and all inflexible perseverance in its assertion. Countries, exposed to the perpetual interference of decrees, instead of arguments, exhibit within their boundaries the mere phantoms of men. We can never judge from an observation of their inhabitants what men would be if they knew of no appeal from the tribunal of conscience, and if, whatever they thought, they dared to speak, and dared to act.
At present there will perhaps occur to the majority of readers, but few instances of laws which may be supposed to interfere with the conscientious discharge of duty. A considerable number will occur in the course of the present enquiry. More would readily offer themselves to a patient research.
Men are so successfully reduced to a common standard by the operation of positive law, that, in most countries, they are capable of little more than, like parrots, repeating what others have said. This uniformity is capable of being produced in two ways, by energy of mind and indefatigableness of enquiry, enabling a considerable number to penetrate with equal success into the recesses of truth; and by pusillanimity of temper, and a frigid indifference to right and wrong, produced by the penalties which are suspended over such as shall disinterestedly enquire, and communicate and act upon the result of their enquiries. It is easy to perceive which of these is the cause of the uniformity that prevails in the present instance.
One thing more in enforcement of this important consideration. "I have done something," suppose, "which, though wrong in itself, I believe to be right; or I have done something which I usually admit to be wrong; but my conviction upon the subject is not so clear and forcible as to prevent my yielding to a powerful temptation." There can be no doubt that the proper way of conveying to my understanding a truth of which I am ignorant, or of impressing upon me a firmer persuasion of a truth with which I am acquainted, is by an appeal to my reason. Even an angry expostulation with me upon my conduct will but excite similar passions in me, and cloud, instead of illuminate, my understanding. There is certainly a way of expressing truth with such benevolence as to command attention, and such evidence as to enforce conviction in all cases whatever.
Punishment inevitably excites in the sufferer, and ought to excite, a sense of injustice. Let its purpose be, to convince me of the truth of a position which I at present believe to be false. It is not, abstractedly considered, of the nature of an argument, and therefore it cannot begin with producing conviction. Punishment is a comparatively specious name;Chapter ut is in reality nothing more than force put upon one being by another who happens to be stronger. But strength apparently does not constitute justice. The case of punishment, in the view in which we now consider it, is the case of you and me differing in opinion, and your telling me that you must be right, since you have a more brawny arm, or have applied your mind more to the acquiring skill in your weapons than I have.
But let us suppose "that I am convinced of my error, but that my conviction is superficial and fluctuating, and the object you propose is to render it durable and profound." Ought it to be thus durable and profound? There are no doubt arguments and reasons calculated to render it so. Is the subject in reality problematical, and do you wish by the weight of your blows to make up for the deficiency of your logic? This can never be defended. An appeal to force must appear to both parties, in proportion to the soundness of their understanding, to be a confession of imbecility. He that has recourse to it would have no occasion for this expedient if he were sufficiently acquainted with the powers of that truth it is his office to communicate.
If there be any man who, in suffering punishment, is not conscious of injury, he must have had his mind previously debased by slavery, and his sense of moral right and wrong blunted by a series of oppressions.
If there be any truth more unquestionable than the rest, it is that every man is bound to the exertion of his faculties in the discovery of right, and to the carrying into effect all the right with which he is acquainted.
It may be granted that an infallible standard, if it could be discovered, would be considerably beneficial. But this infallible standard itself would be of little use in human affairs, unless it had the property of reasoning as well as deciding, of enlightening the mind as well as constraining the body. If a man be in some cases obliged to prefer his own judgement, he is in all cases obliged to consult that judgement, before he can determine whether the matter in question be of the sort provided for or no. So that from this reasoning it ultimately appears that the conviction of a man's individual understanding is the only legitimate principle imposing on him the duty of adopting any species of conduct.
Such are the genuine principles of human society. Such would be the unconstrained condition of its members in a state where every individual within the society and every neighbour without was capable of listening with sobriety to the dictates of reason. We shall not fail to be impressed with considerable regret if, when we descend to the present mixed characters of mankind, we find ourselves obliged in any degree to depart from so simple and grand a principle. The universal exercise of private judgement is a doctrine so unspeakably beautiful that the true politician will certainly feel infinite reluctance in admitting the idea of interfering with it.
A principal object in the subsequent stages of enquiry will be to discuss the emergency of the cases that may be thought to demand this interference.