预防犯罪(英文)

Of the Means of preventing Crimes.

It

is

better

to

prevent

crimes

than

to

punish

them.

This

is

the

fundamental

principle

of

good

legislation,

which

is

the

art

of

conducting

men

to

the maximum

of

happiness,

and

to

the

minimum

of

misery,

if

we

may

apply

this

mathematical

expression

to

the

good

and evil of life. But the means hitherto employed for that purpose are generally

inadequate,

or

contrary

to

the

end

proposed.

It

is

impossible

to

reduce

the

tumultuous

activity of mankind to absolute regularity; for, amidst the various and opposite

attractions of pleasure and pain, human laws are not sufficient entirely to prevent

disorders in society. Such, however is the chimera of weak men, when invested with

authority. To prohibit a number of indifferent actions is not to prevent the crimes

which they may produce, but to create new ones, it is to change at will the ideas of

virtue and vice, which, at other times, we are told, are eternal and immutable. To

what

a

situation

should

we

be

reduced

if

every

thing

were

to

be

forbidden

that

might

possibly

lead

to,a

crime?

We

must

be

deprived

of

the

use

of

our

senses:

for

one

motive

that induces a man to commit a real crime, there are a thousand which excitehim to

those

indifferent

actions

which

are

called

crimes

by

bad

laws.

If

then

the

probability

that a crime will be committed be in proportion to the number of motives, to extend

the

sphere

of

crimes

will

be

to

increase

that

probability.

The

generality

of

laws

are

only exclusive privileges,the tribute of all to the advantages of a few.

Would

you prevent crimes? Let the laws be clear and simple, let the entire force of

the nation be united in their defence, let them be intended rather to favour every

individual than any particular classes of men, let the laws be feared, and the laws

only. The fear of the laws is salutary, but the fear of men is a fruitful and fatal

source of crimes. Men enslaved are more voluptuous, more debauched, and more cruel

than those who are in a state of freedom. These study the sciences, the interest of

nations,

have

great

objects

before

their

eyes,

and

imitate

them;

but

those,

whose

views

are confined to the present moment, endeavour, amidst the distraction of riot and

debauchery, to forget their situation; accustomed to the uncertainty of all events,

for the laws determine none, the consequences of their crimes become problematical,

which gives an additional force to the strength of

their passions.

In

a nation indolent from the nature of the climate, the uncertainty of the laws

confirms

and

increases

men's

indolence

and

stupidity.

In

a

voluptuous

but

active

nation,

this uncertainty occasions a multiplicity of cabals and intrigues, which spread

distrust and diffidence through the hearts of all, and dissimulation and treachery

are

the

foundation

of

their

prudence.

In

a

brave

and

powerful

nation,

this

uncertainty

of the laws is at last destroyed, after many oscillations from liberty to slavery,

and from slavery to liberty again.

Would

you

prevent

crimes?

Let

liberty

be

attended

with

knowledge.

As

knowledge

extends,

the disadvantages which attend it diminish and the advantages increase. A daring

impostor,

who

is

always

a

man

of

some

genius,

is

adored

by

the

ignorant

populace,

and

despised by men of understanding. Knowledge facilitates the comparison of objects,

by

showing

them

in

different

points

of

view.

When

the

clouds

of

ignorance

are

dispelled

by the radiance of knowledge, authority trembles, but the force of the laws remains

immovable. Men of enlightened understanding must necessarily approve those useful

conventions

which

are

the

foundation

of

public

safety;

they

compare

with

the

highest

satisfaction, the inconsiderable portion of liberty of which they are deprived with

the

sum

total

sacrificed

by

others

for

their

security;

observing

that

they

have

only

given up the pernicious liberty of injuring their fellow-creatures, they bless the

throne, and the laws upon which it is established.

It

is

false

that

the

sciences

have

always

been

prejudicial

to

mankind.

When

they

were

so, the evil was inevitable. The multiplication of the human species on the face of

the earth introduced war, the rudiments of arts,and the first laws, which were

temporary

compacts,

arising

from

necessity,

and

perishing

with

it.

This

was

the

first

philosophy,

and

its

few

elements

were

just,

as

indolence

and

want

of

sagacity

in

the

early inhabitants of the world preserved them from error.

But

necessities increasing with the number of mankind, stronger and more lasting

impressions

were

necessary

to

prevent

their

frequent

relapses

into

a

state

of

barbarity,

which

became

every

day

more

fatal.

The

first

religious

errors,

which

peopled

the

earth

with

false

divinities,

and

created

a

world

of

invisible

beings

to

govern

the

visible

creation,

were

of

the

utmost

service

to

mankind.

The

greatest

benefactors

to

humanity

were

those

who

dared

to

deceive,

and

lead

pliant

ignorance

to

the

foot

of

the

altar.

By

presenting

to

the

minds

of

the

vulgar

things

out

of

the

reach

of

their

senses,

which

fled

as

they

pursued,

and

always

eluded

their

grasp

which

as,

they

never

comprehended,

they never despised, their different passions were united, and attached to a single

object. This was the first transition of all nations from their savage state. Such

was

the

necessary,

and

perhaps

the

only

bond

of

all

societies

at

their

first

formation.

I

speak

not

of

the

chosen people

of

God,

to

whom

the

most

extraordinary

miracles

and

the most signal favours supplied the place of human policy. But as it is the nature

of error to subdivide itself ad infinitum, so the pretended knowledge which sprung

from it, transformed mankind into a blind fanatic multitude,jarring and destroying

each other in the labyrinth in which they were inclosed: hence it is not wonderful

that

some

sensible

and

philosophic

minds

should

regret

the

ancient

state

of

barbarity.

This was the first epoch, in which knowledge, or rather opinions, were fatal.

The

second may be found in the difficult and terrible passage from error to truth,

from

darkness

to

light.

The

violent

shock

between

a

mass

of

errors

useful

to

the

few

and powerful, and the truths so important to the many and the weak, with the

fermentation

of

passions

excited

on

that

occasion,

were

productive

of

infinite

evils

to unhappy mortals. In the study of history, whose principal periods, after certain

intervals,

much

resemble

each

other,

we

frequently

find,

in

the

necessary

passage

from

the obscurity of ignorance to the light of philosophy, and from tyranny to liberty,

its

natural

consequence,

one

generation

sacrificed

to

the

happiness

of

the

next.

But