第 20 节
作者:津鸿一瞥      更新:2021-10-16 18:44      字数:9322
  criminal; I answer that it is your crime to be unfortunate。
  〃Lastly; I should point out that even though the jury had acquitted
  youa supposition that I cannot seriously entertainI should have
  felt it my duty to inflict a sentence hardly less severe than that
  which I must pass at present; for the more you had been found
  guiltless of the crime imputed to you; the more you would have been
  found guilty of one hardly less heinousI mean the crime of having
  been maligned unjustly。
  〃I do not hesitate therefore to sentence you to imprisonment; with
  hard labour; for the rest of your miserable existence。  During that
  period I would earnestly entreat you to repent of the wrongs you
  have done already; and to entirely reform the constitution of your
  whole body。  I entertain but little hope that you will pay
  attention to my advice; you are already far too abandoned。  Did it
  rest with myself; I should add nothing in mitigation of the
  sentence which I have passed; but it is the merciful provision of
  the law that even the most hardened criminal shall be allowed some
  one of the three official remedies; which is to be prescribed at
  the time of his conviction。  I shall therefore order that you
  receive two tablespoonfuls of castor oil daily; until the pleasure
  of the court be further known。〃
  When the sentence was concluded the prisoner acknowledged in a few
  scarcely audible words that he was justly punished; and that he had
  had a fair trial。  He was then removed to the prison from which he
  was never to return。  There was a second attempt at applause when
  the judge had finished speaking; but as before it was at once
  repressed; and though the feeling of the court was strongly against
  the prisoner; there was no show of any violence against him; if one
  may except a little hooting from the bystanders when he was being
  removed in the prisoners' van。  Indeed; nothing struck me more
  during my whole sojourn in the country; than the general respect
  for law and order。
  CHAPTER XII:  MALCONTENTS
  I confess that I felt rather unhappy when I got home; and thought
  more closely over the trial that I had just witnessed。  For the
  time I was carried away by the opinion of those among whom I was。
  They had no misgivings about what they were doing。  There did not
  seem to be a person in the whole court who had the smallest doubt
  but that all was exactly as it should be。  This universal
  unsuspecting confidence was imparted by sympathy to myself; in
  spite of all my training in opinions so widely different。  So it is
  with most of us:  that which we observe to be taken as a matter of
  course by those around us; we take as a matter of course ourselves。
  And after all; it is our duty to do this; save upon grave occasion。
  But when I was alone; and began to think the trial over; it
  certainly did strike me as betraying a strange and untenable
  position。  Had the judge said that he acknowledged the probable
  truth; namely; that the prisoner was born of unhealthy parents; or
  had been starved in infancy; or had met with some accidents which
  had developed consumption; and had he then gone on to say that
  though he knew all this; and bitterly regretted that the protection
  of society obliged him to inflict additional pain on one who had
  suffered so much already; yet that there was no help for it; I
  could have understood the position; however mistaken I might have
  thought it。  The judge was fully persuaded that the infliction of
  pain upon the weak and sickly was the only means of preventing
  weakness and sickliness from spreading; and that ten times the
  suffering now inflicted upon the accused was eventually warded off
  from others by the present apparent severity。  I could therefore
  perfectly understand his inflicting whatever pain he might consider
  necessary in order to prevent so bad an example from spreading
  further and lowering the Erewhonian standard; but it seemed almost
  childish to tell the prisoner that he could have been in good
  health; if he had been more fortunate in his constitution; and been
  exposed to less hardships when he was a boy。
  I write with great diffidence; but it seems to me that there is no
  unfairness in punishing people for their misfortunes; or rewarding
  them for their sheer good luck:  it is the normal condition of
  human life that this should be done; and no right…minded person
  will complain of being subjected to the common treatment。  There is
  no alternative open to us。  It is idle to say that men are not
  responsible for their misfortunes。  What is responsibility?  Surely
  to be responsible means to be liable to have to give an answer
  should it be demanded; and all things which live are responsible
  for their lives and actions should society see fit to question them
  through the mouth of its authorised agent。
  What is the offence of a lamb that we should rear it; and tend it;
  and lull it into security; for the express purpose of killing it?
  Its offence is the misfortune of being something which society
  wants to eat; and which cannot defend itself。  This is ample。  Who
  shall limit the right of society except society itself?  And what
  consideration for the individual is tolerable unless society be the
  gainer thereby?  Wherefore should a man be so richly rewarded for
  having been son to a millionaire; were it not clearly provable that
  the common welfare is thus better furthered?  We cannot seriously
  detract from a man's merit in having been the son of a rich father
  without imperilling our own tenure of things which we do not wish
  to jeopardise; if this were otherwise we should not let him keep
  his money for a single hour; we would have it ourselves at once。
  For property is robbery; but then; we are all robbers or would…be
  robbers together; and have found it essential to organise our
  thieving; as we have found it necessary to organise our lust and
  our revenge。  Property; marriage; the law; as the bed to the river;
  so rule and convention to the instinct; and woe to him who tampers
  with the banks while the flood is flowing。
  But to return。  Even in England a man on board a ship with yellow
  fever is held responsible for his mischance; no matter what his
  being kept in quarantine may cost him。  He may catch the fever and
  die; we cannot help it; he must take his chance as other people do;
  but surely it would be desperate unkindness to add contumely to our
  self…protection; unless; indeed; we believe that contumely is one
  of our best means of self…protection。  Again; take the case of
  maniacs。  We say that they are irresponsible for their actions; but
  we take good care; or ought to take good care; that they shall
  answer to us for their insanity; and we imprison them in what we
  call an asylum (that modern sanctuary!) if we do not like their
  answers。  This is a strange kind of irresponsibility。  What we
  ought to say is that we can afford to be satisfied with a less
  satisfactory answer from a lunatic than from one who is not mad;
  because lunacy is less infectious than crime。
  We kill a serpent if we go in danger by it; simply for being such
  and such a serpent in such and such a place; but we never say that
  the serpent has only itself to blame for not having been a harmless
  creature。  Its crime is that of being the thing which it is:  but
  this is a capital offence; and we are right in killing it out of
  the way; unless we think it more danger to do so than to let it
  escape; nevertheless we pity the creature; even though we kill it。
  But in the case of him whose trial I have described above; it was
  impossible that any one in the court should not have known that it
  was but by an accident of birth and circumstances that he was not
  himself also in a consumption; and yet none thought that it
  disgraced them to hear the judge give vent to the most cruel
  truisms about him。  The judge himself was a kind and thoughtful
  person。  He was a man of magnificent and benign presence。  He was
  evidently of an iron constitution; and his face wore an expression
  of the maturest wisdom and experience; yet for all this; old and
  learned as he was; he could not see things which one would have
  thought would have been apparent even to a child。  He could not
  emancipate himself from; nay; it did not even occur to him to feel;
  the bondage of the ideas in which he had been born and bred。
  So was it also with the jury and bystanders; andmost wonderful of
  allso was it even with the prisoner。  Throughout he seemed fully
  impressed with the notion that he was being dealt with justly:  he
  saw nothing wanton in his being told by the judge that he was to be
  punished; not so much as a necessary protection to society
  (although this was not entirely lost sight of); as because he had
  not been better born and bred than he was。  But this led me to hope
  that he suffered less than he would have done if he had seen the
  matter in the same light that I did。  And; after all; justice is
  relative。
  I may here mention that only a few years before my arrival in the
  country; the treatment of all convicted invalids had been much more
  barbarous than now; for no physical remedy was provided; and
  prisoners were put to the severest labour in all sorts of weather;
  so that most of them soon succ