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