Note 13 — Chapter I · THE PRECURSORS. AUTHORS WHO TREATED THE SUBJECT BEFORE THE BIRTH OF MODERN CRIMINAL SCIENCE.
Henry P. (Henry Pomeroy) Horton translation
“But as the theory of the laws is honorable to the humanity which has been able to grasp it, so the practical application of the laws has been most distressing, when, after the observance of them has been recommended, it is necessary to pass on to the punishments decreed for the offenses which violate them. The passions which self-interest unceasingly incites often necessitate this grievous extremity. Then we see men authorized by general consent to exercise an inflexible rigor upon their fellows. We hear justice pronounce sentences which would pass for cruel if they were not indispensable. It makes use of prisons, executioners, gallows. Liberty and even life become pledges of which justice deprives men at pleasure when they abuse them. To make good the losses which the state suffers from the crimes that disturb it, it comes back upon the criminals, and consequently suffers almost equally from the crime and from the punishment.”13