Adam Smith on Mercy to the Guilty As Cruelty to the Innocent
Such is the account commonly given of our approbation of the punishment of injustice. And so far this account is undoubtedly true, that we frequently have occasion to confirm our natural sense of the propriety and fitness of punishment, by reflecting how necessary it is for preserving the order of society. When the guilty is about to suffer that just retaliation, which the natural indignation of mankind tells them is due to his crimes; when the insolence of his injustice is broken and humbled by the terror of his approaching punishment; when he ceases to be an object of fear, with the generous and humane he begins to be an object of pity. The thought of what he is about to suffer extinguishes their resentment for the sufferings of others to which he has given occasion. They are disposed to pardon and forgive him, and to save him from that punishment, which in all their cool hours they had considered as the retribution due to such crimes. Here, therefore, they have occasion to call to their assistance the consideration of the general interest of society. They counterbalance the impulse of this weak and partial humanity by the dictates of a humanity that is more generous and comprehensive. They reflect that mercy to the guilty is cruelty to the innocent, and oppose to the emotions of compassion which they feel for a particular person, a more enlarged compassion which they feel for mankind.
Sometimes too we have occasion to defend the propriety of observing the general rules of justice by the consideration of their necessity to the support of society. We frequently hear the young and the licentious ridiculing the most sacred rules of morality, and professing, sometimes from the corruption, but more frequently from the vanity of their hearts, the most abominable maxims of conduct. Our indignation rouses, and we are eager to refute and expose such detestable principles. But though it is138their intrinsic hatefulness and detestableness, which originally inflames us against them, we are unwilling to assign this as the sole reason why we condemn them, or to pretend that it is merely because we ourselves hate and detest them. The reason, we think, would not appear to be conclusive. Yet why should it not; if we hate and detest them because they are the natural and proper objects of hatred and detestation? But when we are asked why we should not act in such or such a manner, the very question seems to suppose that, to those who ask it, this manner of acting does not appear to be for its own sake the natural and proper object of those sentiments. We must show them, therefore, that it ought to be so for the sake of something else. Upon this account we generally cast about for other arguments, and the consideration which first occurs to us is the disorder and confusion of society which would result from the universal prevalence of such practices. We seldom fail, therefore, to insist upon this topic.
But though it commonly requires no great discernment to see the destructive tendency of all licentious practices to the welfare of society, it is seldom this consideration which first animates us against them. All men, even the most stupid and unthinking, abhor fraud, perfidy, and injustice, and delight to see them punished. But few men have reflected upon the necessity of justice to the existence of society, how obvious soever that necessity may appear to be.
That it is not a regard to the preservation of society, which originally interests us in the punishment 139of crimes committed against individuals, may be demonstrated by many obvious considerations. The concern which we take in the fortune and happiness of individuals does not, in common cases, arise from that which we take in the fortune and happiness of society. We are no more concerned for the destruction or loss of a single man, because this man is a member or part of society, and because we should be concerned for the destruction of society, than we are concerned for the loss of a single guinea, because this guinea is a part of a thousand guineas, and because we should be concerned for the loss of the whole sum. In neither case does our regard for the individuals arise from our regard for the multitude: but in both cases our regard for the multitude is compounded and made up of the particular regards which we feel for the different individuals of which it is composed. As when a small sum is unjustly taken from us we do not so much prosecute the injury from a regard to the preservation of our whole fortune, as from a regard to that particular sum which we have lost; so when a single man is injured or destroyed, we demand the punishment of the wrong that has been done to him, not so much from a concern for the general interest of society, as from a concern for that very individual who has been injured. It is to be observed, however, that this concern does not necessarily include in it any degree of those exquisite sentiments which are commonly called love, esteem, and affection, and by which we distinguish our particular friends and acquaintance. The concern which is requisite for this is no more than the general fellow-feeling which we have with every man merely because he is our fellow-creature. We enter into the resentment even of an odious person, 140when he is injured by those to whom he has given no provocation. Our disapprobation of his ordinary character and conduct, does not in this case altogether prevent our fellow-feeling with his natural indignation; though with those who are not either extremely candid, or who have not been accustomed to correct and regulate their natural sentiments by general rules, it is very apt to damp it.
Upon some occasions, indeed, we both punish and approve of punishment, merely from a view to the general interest of society, which, we imagine, cannot otherwise be secured. Of this kind are all the punishments inflicted for breaches of what is called either civil police, or military discipline. Such crimes do not immediately or directly hurt any particular person; but their remote consequences, it is supposed, do produce, or might produce, either a considerable inconveniency, or a great disorder in the society. A centinel, for example, who falls asleep upon his watch, suffers death by the law of war, because such carelessness might endanger the whole army. This severity may, upon many occasions, appear necessary, and, for that reason, just and proper. When the preservation of an individual is inconsistent with the safety of a multitude, nothing can be more just than that the many should be preferred to the one. Yet this punishment, how necessary soever, always appears to be excessively severe. The natural atrocity of the crime seems to be so little, and the punishment so great, that it is with great difficulty that our hearts can reconcile itself to it. Though such carelessness appears very blamable, yet the thought of this crime does not naturally excite any such resentment, as would prompt us to 141take such dreadful revenge. A man of humanity must recollect himself, must make an effort, and exert his whole firmness and resolution, before he can bring himself either to inflict it, or to go along with it when it is inflicted by others. It is not, however, in this manner, that he looks upon the just punishment of an ungrateful murderer or parricide. His heart, in this case, applauds with ardour, and even with transport, the just retaliation which seems due to such detestable crimes, and which, if, by any accident, they should happen to escape, he would be highly enraged and disappointed. The very different sentiment with which the spectator views those different punishments, is a proof that his approbation of the one is far from being founded upon the same principles with that of the other. He looks upon the centinel as an unfortunate victim, who, indeed, must, and ought to be, devoted to the safety of numbers, but whom still, in his heart, he would be glad to save; and he is only sorry, that the interest of the many should oppose it. But if the murderer should escape from punishment, it would excite his highest indignation, and he would call upon God to avenge, in another world, that crime which the injustice of mankind had neglected to chastise upon earth.
For it well deserves to be taken notice of, that we are so far from imagining that injustice ought to be punished in this life, merely on account of the order of society, which cannot otherwise be maintained, that Nature teaches us to hope, and religion, we suppose, authorizes us to expect, that it will be punished, even in a life to come. Our sense of its ill desert pursues it, if I may say so, even beyond the 142grave, though the example of its punishment there cannot serve to deter the rest of mankind, who see it not, who know it not, from being guilty of the like practices here. The justice of God, however, we think, still requires, that he should hereafter avenge the injuries of the widow and the fatherless, who are here so often insulted with impunity.
That the Deity loves virtue and hates vice, as a voluptuous man loves riches and hates poverty, not for their own sakes, but for the effects which they tend to produce; that he loves the one, only because it promotes the happiness of society, which his benevolence prompts him to desire; and that he hates the other, only because it occasions the misery of mankind, which the same divine quality renders the object of his aversion; is not the doctrine of untaught nature, but of an artificial refinement of reason and philosophy. Our untaught, natural sentiments, all prompt us to believe, that as perfect virtue is supposed necessarily to appear to the Deity, as it does to us, for its own sake, and without any further view, the natural and proper object of love and reward, so must vice, of hatred and punishment. That the gods neither resent nor hurt, was the general maxim of all the different sects of the ancient philosophy: and if, by resenting, be understood, that violent and disorderly perturbation, which often distracts and confounds the human breast; or if, by hurting, be understood, the doing mischief wantonly, and without regard to propriety or justice, such weakness is undoubtedly unworthy of the divine perfection. But if it be meant, that vice does not appear to the Deity to be, for its own sake, the object of abhorrence and aversion, and what, for its own sake, it is fit and right should be punished, the truth of this maxim seems repugnant to some very natural feelings. If we consult our natural sentiments, we are even apt to fear, lest, before the holiness of God, vice should appear to be more worthy of punishment than the weakness and imperfection of human virtue can ever seem to be of reward. Man, when about to appear before a Being of infinite perfection, can feel but little confidence in his own merit, or in the imperfect propriety of his own conduct. In the presence of his fellow-creatures, he may even justly elevate himself, and may often have reason to think highly of his own character and conduct, compared to the still greater imperfection of theirs. But the case is quite different when about to appear before his infinite Creator. To such a Being, he fears, that his littleness and weakness can scarce ever appear the proper object, either of esteem or of reward. But he can easily conceive, how the numberless violations of duty, of which he has been guilty, should render him the proper object of aversion and punishment; and he thinks he can see no reason why the divine indignation should not be let loose without any restraint, upon so vile an insect, as he imagines that he himself must appear to be. If he would still hope for happiness, he suspects that he cannot demand it from the justice, but that he must entreat it from the mercy of God. Repentance, sorrow, humility, contrition at the thought of his past conduct, seem, upon this account, the sentiments which become him, and to be the only means which he has left for appeasing that wrath which, he knows, he has justly provoked. He even distrusts the efficacy of all these, and naturally fears, lest the wisdom of God should not, like the weakness of man, be prevailed upon to spare the crime by the most importunate lamentations of the criminal. Some other intercession, some other sacrifice, some other atonement, he imagines must be made for him, beyond what he himself is capable of making, before the purity of the divine justice can be reconciled to his manifold offences. The doctrines of revelation coincide, in every respect, with those original anticipations of nature; and as they teach us how little we can depend upon the imperfection of our own virtue, so they show us, at the same time, that the most powerful intercession has been made, and that the most dreadful atonement has been paid for our manifold transgressions and iniquities.