The subject of punishment is perhaps the most fundamental in the science of politics. Men associated for the sake of mutual protection and benefit.
It has already appeared that the internal affairs of such associations are of an inexpressibly higher importance than their external. It has appeared that the action of society, in conferring rewards, and superintending opinion, is of pernicious effect. Hence it follows that government, or the action of society in its corporate capacity, can scarcely be of any utility except so far as it is requisite for the suppression of force by force; for the prevention of the hostile attack of one member of the society, upon the person or property of another, which prevention is usually called by the name of criminal justice, or punishment.
Before we can properly judge of the necessity or urgency of this action of government, it will be of some importance to consider the precise import of the word punishment. I may employ force to counteract the hostility that is actually committing on me. I may employ force to compel any member of the society to occupy the post that I conceive most conducive to the general advantage, either in the mode of impressing soldiers and sailors, or by obliging a military officer, or a minister of state, to accept, or retain his appointment. I may put a valuable man to death for the common good, either because he is infected with a pestilential disease, or because some oracle has declared it essential to the public safety. None of these, though they consist in exertion of force for some moral purpose, comes within the import of the word punishment. Punishment is also often used to signify the voluntary infliction of evil upon a vicious being, not merely because the public advantage demands it, but because there is apprehended to be a certain fitness and propriety in the nature of things that render suffering, abstractedly from the benefit to result, the suitable concomitant of vice.
The justice of punishment however, in this import of the word, can only be a deduction from the hypothesis of free will, if indeed that hypothesis will sufficiently support it; and must be false, if human actions are necessary.
Mind, as was sufficiently apparent when we treated of that subject,Chapter s an agent in no other sense than matter is an agent. It operates and is operated upon, and the nature, the force and line of direction of the first, is exactly in proportion to the nature, force and line of direction of the second. Morality, in a rational and designing mind, is not essentially different from morality in an inanimate substance. A man of certain intellectual habits is fitted to be an assassin; a dagger of a certain form is fitted to be his instrument. The one or the other excites a greater degree of disapprobation, in proportion as its fitness for mischievous purposes appears to be more inherent and direct. I view a dagger, on this account, with more disapprobation than a knife, which is perhaps equally adapted for the purposes of the assassin; because the dagger has few or no beneficial uses to weigh against those that are hurtful, and because it has a tendency by means of association to the exciting of evil thoughts. I view the assassin with more disapprobation than the dagger because he is more to be feared, and it is more difficult to change his vicious structure, or to take from him his capacity to injure. The man is propelled to act by necessary causes and irresistible motives, which, having once occurred, are likely to occur again. The dagger has no quality adapted to the contraction of habits, and, though it have committed a thousand murders, is not more likely (unless so far as those murders, being known, may operate as a slight associated motive with the possessor) to commit murder again. Except in the articles he specified, the two cases are exactly parallel. The assassin cannot help the murder he commits, any more than the dagger.
These arguments are merely calculated to set in a more perspicuous light a principle which is admitted by many by whom the doctrine of necessity has never been examined; that the only measure of equity is utility, and whatever is not attended with any beneficial purpose is not just. This is so evident that few reasonable and reflecting minds will be found inclined to deny it. Why do I inflict suffering on another? If neither for his own benefit nor the benefit of others, can I be right? Will resentment, the mere indignation and horror I have conceived against vice, justify me in putting a being to useless torture? 'But suppose I only put an end to his existence.' What, with no prospect of benefit either to himself or others?
