the deception, above all, consider what would be the
result if men were commonly to deceive one another,
and no man could place any dependence on the information
which his neighbour gave him; and then a falsehood
excites very different feelings from what it does
when regarded simply as an isolated act. Or, again,
take the evasion of taxes. There is probably,
even yet, no country in which the popular sentiment
on this subject is sufficiently enlightened and severe.
A man smuggles a box of cigars, or evades paying a
tax for his dog, or makes an insufficient return of
his income, and few of his neighbours, if the fact
come to their knowledge, think the worse of him.
The character and consequences of the action are not
obvious, and hence they do not perceive what, on reflexion,
or, if guided by proper instruction, they could hardly
fail to realise, that the act is really a theft, only
practised on the community at large instead of on an
individual member of it, and that, if every one were
to act in the same way, the collection of taxes and,
consequently, the administration and defence of the
country, the maintenance of its army and navy, its
police, its harbours and roads, would become an impossibility,
and it would quickly relapse into barbarism.
Other familiar instances of the advantage to be derived
from the conscious and intentional application of
the reasoning powers to matters of conduct may be found
in the successive reforms of the penal code of any
civilized country, or in the abolition of slavery.
Punishment is, in all very early stages of society,
capricious, mostly unregulated by any definite customs
or enactments, and, consequently, often disproportioned,
either in the way of excess or defect, to the character
of the offence. As the community advances in
complexity and intelligence, successive reformers arise
who attempt, by definite enactment, to regulate the
amount of punishment due to each description of offence,
and, from time to time, to increase or diminish, as
occasion seems to require, the severity of the existing
code. The considerations by which, at least in
our own time, these reforms are determined are such
as these: the adequacy or inadequacy of the punishment
to deter men from the commission of the offence, the
tendency of excessive punishment to produce a reaction
of sentiment in favour of the criminal, and a reluctance
on the part of the judge or jury to convict, the superfluous
suffering inflicted by that part of the punishment
which is in excess of the requirements of the case,
due publicity and notoriety as a means of warning
others, the reform of the criminal himself, and so
on. All these considerations, it will be observed,
are derived from tracing the effects of the punishment
either on the criminal himself, or on persons who
are under a similar temptation to commit the crime,
or on the sentiment of society at large, or of that
portion of society which is connected with the administration
of justice, and it is only by the exercise of great