England's Case Against Home Rule by Albert Venn Dicey
page 94 of 286 (32%)
page 94 of 286 (32%)
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inferences which the objection supports is, of course, quite a different
matter, and shall be considered in its due place. It is most important, however, to note that the valid opposition to so-called Coercion Acts may and ought to be greatly mitigated by careful adherence to two maxims which are obvious, but are often neglected. A Coercion Act in the first place, should be aimed, not at the direct enforcement of rules opposed to popular opinion, but at the punishment of offences which, though they may be indirectly connected with dislike of an unpopular law or with opposition to rights (for instance, of landowners) not sanctioned by popular opinion, are deeds in themselves condemned by the human conscience. Deliberate breaches of contract, insults to women and children, the murder or torture of witnesses who have given truthful evidence in support of a conviction for crime, brutal cruelty to cattle, may be methods of popular vengeance, or the sanctions which enforce an agrarian code; but one may feel certain that the man who breaks his word, who tortures or murders his neighbour or who huffs cattle, knows himself to be not only a criminal, but a sinner, and that the law, which condemns him to punishment, though it may excite temporary outcry, can rely on the ultimate sanction of the popular conscience. A Coercion Act, in the second place, should as far as possible be neither a temporary nor an exceptional piece of legislation. An Act which increases the efficiency of the criminal law should, like other statutes, be a permanent enactment. The temporary character of Coercion Acts has needlessly increased their severity, for members of Parliament have justified to themselves carelessness in fixing the |
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