Page:The Prose Works of Percy Bysshe Shelley (Volume 2).djvu/265

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on the punishment of death.
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by what they see and feel, they make no distinction between the motives which incited the criminals to the actions for which they suffer, or the heroic courage with which they turned into good that which their judges awarded to them as evil, or the purpose itself of those actions, though that purpose may happen to be eminently pernicious. The laws in this case lose that sympathy, which it ought to be their chief object to secure, and in a participation of which, consists their chief strength in maintaining those sanctions by which the parts of the social union are bound together, so as to produce, as nearly as possible, the ends for which it is instituted.

Secondly—persons of energetic character, in communities not modelled with philosophical skill to turn all the energies which they contain to the purposes of common good, are prone also to fall into the temptation of undertaking, and are peculiarly fitted for despising the perils attendant upon consummating, the most enormous crimes. Murder, rapes, extensive schemes of plunder, are the actions of persons belonging to this class; and death is the penalty of conviction. But the coarseness of organization, peculiar to men capable of committing acts wholly selfish, is usually found to be associated with a proportionate insensibility to fear or pain. Their sufferings communicate to those of the spectators, who may be liable to the commission of similar crimes, a sense of the lightness of that event, when closely examined, which, at a distance, as uneducated persons are accustomed to do, probably they regarded with horror.

But a great majority of the spectators are so bound up in the interests and the habits of social union that no