If this be the just view of the subject, and both theory and experience unite to prove that it is, almost all Mr Godwin’s reasonings on the subject of coercion in his seventh chapter, will appear to be founded on error. He spends some time in placing in a ridiculous point of view the attempt to convince a man’s understanding and to clear up a doubtful proposition in his mind, by blows. Undoubtedly it is both ridiculous and barbarous, and so is cock-fighting, but one has little more to do with the real object of human punishments than the other. One frequent (indeed much too frequent) mode of punishment is death. Mr Godwin will hardly think this intended for conviction, at least it does not appear how the individual or the society could reap much future benefit from an understanding enlightened in this manner.
The principal objects which human punishments have in view are undoubtedly restraint and example; restraint, or removal, of an individual member whose vicious habits are likely to be prejudicial to the society’; and example, which by expressing the sense of the community with regard to a particular crime, and by associating more nearly and visibly crime and punishment, holds out a moral motive to dissuade others from the commission of it.
Restraint, Mr Godwin thinks, may be permitted as a temporary expedient, though he reprobates solitary imprisonment, which has certainly been the most successful, and, indeed, almost the only attempt towards the moral amelioration of offenders. He talks of the selfish passions that are fostered by solitude and of the virtues generated in society. But surely these virtues are not generated in the society of a prison. Were the offender confined to the society of able and virtuous men he would probably be more improved than in solitude. But is this practicable? Mr Godwin’s ingenuity is more frequently employed in finding out evils than in suggesting practical remedies.
Punishment, for example, is totally reprobated. By endeavouring to make examples too impressive and terrible, nations have, indeed, been led into the most barbarous cruelties, but the abuse of any practice is not a good argument against its use. The indefatigable pains taken in this country to find out a murder, and the certainty of its punishment, has powerfully contributed to generate that sentiment which is frequent in the mouths of the common people, that a murder will sooner or later come to light; and the habitual horror in which murder is in consequence held will make a man, in the agony of passion, throw down his knife for fear he should be tempted to use it in the gratification of his revenge. In Italy, where murderers, by flying to a sanctuary, are allowed more frequently to escape, the crime has never been held in the same detestation and has consequently been more frequent. No man, who is at all aware of the operation of moral motives, can doubt for a moment, that if every murder in Italy had been invariably punished, the use of the stiletto in transports of passion would have been comparatively but little known.