The Justification of the Good; An Essay On Moral Philosophy

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All this systematic cruelty is revolting to the moral feeling and brings about a change in our original attitude towards the criminal. Pity to the injured person and the impulse to defend him set us against the injurer (the criminal). But when society, which is incomparably stronger than the individual criminal, turns upon him its insatiable hostility after he has been disarmed, and makes him undergo prolonged suffering, it is he who becomes the injured party and excites in us pity and a desire
... to protect him.
Although the legal theory and the legal practice have decidedly renounced consistent application of the principles of retribution and intimidation, they have not given up the principles themselves.
The system of punishments that exists in civilised countries is a meaningless and lifeless compromise between these worthless principles on the one hand and certain demands of humanity and justice on the other. In truth, what we find are simply the more or less softened vestiges of the old brutality, with no uniting thought, no guiding principle involved.


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