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For it is too extreme and cruel a punishment for theft, and yet not sufficient to restrain men from theft. For simple theft is not so great an offense that it ought to be punished with death. Neither is there any punishment that is so horrible that it can keep men from stealing who have no other craft whereby to get their living.
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If you do not find a remedy to these evils, it is a vain thing to boast of your severity in punishing theft, which though it may have the appearance of justice, yet in itself is neither just nor convenient. For if you suffer your people to be ill-educated and their manners to be corrupted from their infancy and then punish them for those crimes for which their first education disposes them, what else is to be concluded from this but that you first make thieves and then punish them?
I think putting thieves to death is not lawful; and it is plain and obvious that it is absurd and of ill consequence to the commonwealth that a thief and a murderer should be equally punished; for if a robber sees that his danger is the same if he is convicted of theft as if he were guilty of murder, this will naturally incite him to kill the person whom otherwise he would only have robbed; since, if the punishment is the same, there is more security, and less danger of discovery, when he that can best make it is put out of the way; so that terrifying thieves too much provokes them to cruelty.
Until you put these things to right, you're not entitled to boast of the justice meted out to thieves, for it's a justice more specious than real or social desirable. You allow these people to be brought up in the worst possible way, and systematically corrupted from their earliest years. Finally, when they grow up and commit the crimes that they were obviously destined to commit, ever since they were children, you start punishing them. In other words, you create thieves, and then punish them for stealing.
All are by nature prone to err both in public and in private life, and no law will prevent them. Men have gone through the whole catalogue of penalties in the hope that, by increasing their severity, they may suffer less at the hands of evil-doers. In early ages the punishments, even of the worst offences, would naturally be milder; but as time went on and mankind continued to transgress, they seldom stopped short of death.
For first, when Pompey made severe laws for punishing and laying great fines on those who had corrupted the people with gifts, Cato advised him to let alone what was already passed, and to provide for the future; for if he should look up past misdemeanors, it would be difficult to know where to stop; and if he would ordain new penalties, it would be unreasonable to punish men by a law, which at that time they had not the opportunity of breaking.
“The burglar suffered a harsh fate,” Frolitz told Etzwane.” The lesson to be learned is this: Never commit an unlawful act. Especially, never steal; when you take a man’s property, your life becomes forfeit, as has just been demonstrated.”
Loy rubbed his chin with uneasy fingers. “In a sense, the penalty seems extreme. The burglar took goods but lost his life. These are the laws of Elphine which the Faceless Man correctly enforced—but should a bagful of goods and a man’s life weigh so evenly on the balance?”
The white-haired stranger offered his opinion. “Why should it be otherwise? You ignore a crucial factor in the situation. Property and life are not incommensurable, when property is measured in terms of human toil. Essentially property is life; it is that proportion of life which an individual has expended to gain the property. When a thief steals property, he steals life. Each act of pillage therefore becomes a small murder.”
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