Moral Philosophy by S. J. Joseph Rickaby
page 163 of 356 (45%)
page 163 of 356 (45%)
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connatural to man. Such another enormity would be the affection of
vengeance, if punishment could never rightly be retributive. 4. Aristotle, _Rhetoric_, I., x., 17, distinguishes two functions of punishment thus: "Chastisement is for the benefit of him that suffers it, but vengeance is for him that wreaks it, that he may have satisfaction." Add to this the warning given to the commonwealth by the example that is made of the offender, and we have the three functions of punishment, _medicinal_, _deterrent_, and _retributive_. As it is _medicinal_, it serves the _offender_: as it is _deterrent_, it serves the _commonwealth_: as it is _retributive_, it serves the _offended party_, being a reparation offered to him. Now, who is the offended party in any evil deed? So far as it is a sin against justice, an infringement of any man's right, he is the offended party. He is offended, however, not simply and precisely by your violation of the moral law, but by your having, in violation of that law, taken away something that belonged to him. Consequently, when you make restitution and give him back what you took away, with compensation for the temporal deprival of it, he is satisfied, and the offence against him is repaired. If you have maliciously burnt his house down, you bring him the price of the house and furniture, together with further payment for the fright and for the inconvenience of being, for the present, houseless. You may do all that, and yet the moral guilt of the conflagration may remain upon your soul. But that is no affair of his: he is not the custodian of the moral law: he is not offended by your sin, formally viewed as sin: nor has he any function of punishing you, taking vengeance upon you, or exacting from you retribution for that. But what if his wife and children have perished, and you meant them so to perish, in the fire? Your debt of restitution still lies in the matter which you took away. Of course it is a debt |
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