first, I reply, was in the guidance
of a being to whom the laws of this world and the accidents of it
meant nothing at all; and to the second a wisdom stood revealed which
to human eyes was foolishness. Windows! In either case there was a
martyrdom, and human exasperation appeased by much broken glass. Let
us not, however, condemn the wreckers of windows. Who is to judge even
them? Who is to say even of their harsh and cruel reprisals that they
were not excusable? May not they too have been ridden by some wild
spirit within them, which goaded them to their beastly work? But if
the acceptance of the doctrine of multiple personality is going to
involve me in the reconsideration of criminal jurisprudence, I must
close this essay.
I will close it with the sentence of another philosopher who has
considered deeply of these questions. "It is to be observed," he says,
"that the laws of human conduct are precisely made for the conduct of
this world of Men, in which we live, breed, and pay rent. They do not
affect the Kingdom of the Dogs, nor that of the Fishes; by a parity of
reasoning they need not be supposed to obtain in the Kingdom of
Heaven, in which the schoolmen discovered the citizens dwelling in
nine spheres, apart from the blessed immigrants, whose privileges did
not extend so near to the Heart of the Presence. How many realms there
may be between mankind's and that ultimate object of pure desire
cannot at present be known, but it may be affirmed with confidence
that any denizen of any one of them, brought into relation with human
beings, would act, and reasonably act, in ways which to men might seem
harsh and unconscionable, without sanction or convenience. Such a
being might murder one of the ratepayers of London, compound a felony,
or enter into a conspiracy to depose the King himself, and, being
detected, very properly be put under restraint, or visited with
chastisement, either deterrent or vindictive, or both. But the true
inference from the premises would be that although duress or
banishment from the kingdom might be essential, yet punishment,
so-called, ought not to be visited upon the offender. For he or she
could not be _nostri juris_, and that which were abominable to us
might well be reasonable to him or her, and indeed a fulfilment of the
law of his being. Punishment, therefore, could not be exemplary, since
the person punished exemplified nothing to Mankind; and if vindictive,
then would be shocking, s
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