All the several pleas and excuses, which protect the committer of a forbidden act from the punishment which is otherwise annexed thereto, may be reduced to this single consideration, the want or defect of will. An involuntary act, as it has no claim to merit, so neither can it induce any guilt: the concurrence of the will, when it has its choice either to do or to avoid the fact in question, being the only thing that renders human actions either praiseworthy or culpable. Indeed, to make a complete crime, cognizable by human laws, there must be both a will and an act.
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Book IV, ch. 2: Of the Persons Capable of Committing Crimes.William Blackstone
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It is often said that the accused should be given an immediate trial; that this and subsequent proceedings should not be hindered by delay; that the uncertainties of punishment furnish the criminal with the hope of escape and therefore do not give the community the benefit of the terror that comes with the certainty of punishment that could prevent crime. I can see no basis in logic or experience for this suggestion. It is based on the theory that punishment is not only a deterrent to crime, but the main deterrent. It comes from the idea that the criminal is distinct from the rest of mankind, that vengeance should be sure and speedy and that then crime would be prevented. If this were true and the only consideration to prevent crime, then the old torture chamber and the ancient prison with all its hopelessness and horror should be restored. Logic, humanity and experience would protest against this. If there is to be any permanent improvement in man and any better social order, it must come mainly from the education and humanizing of man. I am quite certain that the more the question of crime and its treatment is studied the less faith men have in punishment.
Clarence Darrow
The needs of a human being are sacred. Their satisfaction cannot be subordinated either to reasons of state, or to any consideration of money, nationality, race, or colour, or to the moral or other value attributed to the human being in question, or to any consideration whatsoever.
There is no legitimate limit to the satisfaction of the needs of a human being except as imposed by necessity and by the needs of other human beings. The limit is only legitimate if the needs of all human beings receive an equal degree of attention.Simone Weil
Though it took a decade to find bin Laden, there is one consolation for his long evasion of justice: He lived long enough to witness what some are calling the Arab Spring, the complete repudiation of his violent ideology.
As we debate how the United States can best influence the course of the Arab Spring, can’t we all agree that the most obvious thing we can do is stand as an example of a nation that holds an individual’s human rights as superior to the will of the majority or the wishes of government? Individuals might forfeit their life as punishment for breaking laws, but even then, as recognized in our Constitution’s prohibition of cruel and unusual punishment, they are still entitled to respect for their basic human dignity, even if they have denied that respect to others.John McCain
A single assembly will never be a steady guardian of the laws, if Machiavel is right, when he says, Men are never good but through necessity: on the contrary, when good and evil are left to their choice, they will not fail to throw every thing into disorder and confusion. Hunger and poverty may make men industrious, but laws only can make them good; for, if men were so of themselves, there would be no occasion for laws; but, as the case is far otherwise, they are absolutely necessary.
John Adams
Certainly you shouldn't go kill somebody or rape a girl, no! But you haven't reached the point where you can understand the actual meaning of "permitted" and "forbidden." You've only sensed part of the truth. You will feel the other part, too, you can depend on it. For instance, for about a year you have had to struggle with a drive that is stronger than any other and which is considered "forbidden." The Greeks and many other peoples, on the other hand, elevated this drive, made it divine and celebrated it in great feasts. What is forbidden, in other words, is not something eternal; it can change. Anyone can sleep with a woman as soon as he's been to a pastor with her and has married her, yet other races do it differently, even nowadays. Each of us has to find out for himself what is permitted and what is forbidden — forbidden for him. It's possible for one never to transgress a single law and still be a bastard. And vice versa. Actually it's only a question of convenience. Those who are too lazy and comfortable to think for themselves and be their own judges obey the laws. Others sense their own laws within them; things are forbidden to them that every honorable man will do any day in the year and other things are allowed to them that are generally despised. Each person must stand on his own feet.
Hermann Hesse
Blackstone, William
Blackwell, Nigel
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