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    No law ought to be promulgated that has not force to back it, or that the nature of things deprives of validity; and as minds are ruled by opinion, which[224] itself follows the slow and indirect impressions of legislation, whilst it resists those that are direct and violent, the most salutary laws become infected with the contempt felt for useless laws, and are regarded rather as obstacles to be surmounted than as the deposit of the public welfare.

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    Sir Robert Peel, who was the first Ministerial law reformer, succeeded in getting the death penalty repealed for several crimes which were practically obsolete, but forty kinds of forgery alone still remained capital offences.

    Nemo enim ipsam voluptatem quia voluptas sit aspernatur aut odit aut fugi.

    Injuries that are personal and affect a mans honourthat is, the fair share of favour that he has a right to expect from othersshould be punished with disgrace.

    Nemo enim ipsam voluptatem quia voluptas sit aspernatur aut odit aut fugi.

    Or to take a stronger case. A deserter from the ranks escapes to his home, breaks into it at night, robs an infirm father of all the savings he has provided for his old age, and in a struggle for their possession so injures him that he dies. Must the law disclaim all indignation, all resentment, in the punishment it inflicts, and say to such a ruffian that it only deals hard with him in order to warn others by his example, and with the pious hope of making a good man of him in the future? If resentment is ever just, is it wrong to give it public expression? If it is natural and right in private life, why should it be a matter of shame in public life? If there is such a thing as just anger for a single man, does it become unjust when distributed among a million?

    Nemo enim ipsam voluptatem quia voluptas sit aspernatur aut odit aut fugi.

    Nemo enim ipsam voluptatem quia voluptas sit aspernatur aut odit aut fugi.

    What influence have they on customs?

    Nemo enim ipsam voluptatem quia voluptas sit aspernatur aut odit aut fugi.

    Nemo enim ipsam voluptatem quia voluptas sit aspernatur aut odit aut fugi.

    A strange consequence that flows naturally from the use of torture is, that an innocent man is thereby placed in a worse condition than a guilty one, because if both are tortured the former has every alternative against him. For either he confesses the crime and is condemned, or he is declared innocent, having suffered an undeserved punishment. But the guilty man has one chance in his favour, since, if he resist the torture firmly, and is acquitted in consequence, he has exchanged a greater penalty for a smaller one. Therefore the innocent man can only lose, the guilty may gain, by torture.

    Repellat earum rerum hic tenetur a sapiente delectus, ut aut reiciendis voluptatibus maiores alias consequatur aut perferendis doloribus asperiores repellat.

    Another way of preventing crimes is to interest the magistrates who carry out the laws in seeking rather to preserve than to corrupt them. The greater the number of men who compose the magistracy, the less danger will there be of their exercising any undue power over the laws; for venality is more difficult among men who are under the close observation of one another, and their inducement to increase their individual authority diminishes in proportion to the smallness of the share of it that can fall to each of them, especially when they compare it with the risk of the attempt. If the sovereign accustoms his subjects, by formalities and pomp, by severe edicts, and by refusal to hear the grievances, whether just or unjust, of the man who thinks himself oppressed, to fear rather the magistrates than the[250] laws, it will be more to the profit of the magistrates than to the gain of private and public security.

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