Ambrose Bierce: A Cynic Look at Life

"Taking the life of a murderer does not restore the life he took, therefore it is a most illogical punishment. Two wrongs do not make a right."

Here's richness! Hanging an assassin is illogical because it does not restore the life of his victim; incarceration is logical; therefore, incarceration does- quod, erat demonstrandum.

Two wrongs certainly do not make a right, but the veritable thing in dispute is whether taking the life of a life-taker is a wrong. So naked and unashamed an example of petitio principii would disgrace a debater in a pinafore. And these wonder-mongers have the effrontery to babble of "logic"! Why, if one of them were to meet a syllogism in a lonely road he would run away in a hundred and fifty directions as hard as ever he could hoof it. One is almost ashamed to dispute with such intellectual cloutlings.

Whatever an individual may rightly do to protect himself society may rightly do to protect him, for he is a part of itself. If he may rightly take life in defending himself society may rightly take life in defending him. If society may rightly take life in defending him it may rightly threaten to take it. Having rightly and mercifully threatened to take it, it not only rightly may take it, but expediently must.

The law of a life for a life does not altogether prevent murder. No law can altogether prevent any form of crime, nor is it desirable that it should. Doubtless God could so have created us that our sense of right and justice could have existed without contemplation of injustice and wrong; as doubtless he could so have created us that we could have felt compassion without a knowledge of suffering; but he did not. Constituted as we are, we can know good only by contrast with evil. Our sense of sin is what our virtues feed upon; in the thin air of universal morality the altar-fires of honor and the beacons of conscience could not be kept alight. A community without crime would be a community without warm and elevated sentiments-without the sense of justice, without generosity, without courage, without mercy, without magnanimity-a community of small, smug souls, uninteresting to God and uncoveted by the Devil. We can have, and do have, too much crime, no doubt; what the wholesome proportion is none can tell. Just now we are running a good deal to murder, but he who can gravely attribute that phenomenon, or any part of it, to infliction of the death penalty, instead of to virtual immunity from any penalty at all, is justly entitled to the innocent satisfaction that comes of being a simpleton.

The New Woman is against the death penalty, naturally, for she is hot and hardy in the conviction that whatever is is wrong. She has visited this world in order to straighten things about a bit, and is in distress lest the number of things be insufficient to her need. The matter is important variously; not least so in its relation to the new heaven and the new earth that are to be the outcome of woman suffrage. There can be no doubt that the vast majority of women have sentimental objections to the death penalty that quite outweigh such practical considerations in its favor as they can be persuaded to comprehend. Aided by the minority of men afflicted by the same mental malady, they will indubitably effect its abolition in the first lustrum of their political "equality." The New Woman will scarcely feel the seat of power warm beneath her before giving to the assassin's "unhand me, villain!" the authority of law. So we shall make again the old experiment, discredited by a thousand failures, of preventing crime by tenderness to caught criminals. And the criminal uncaught will treat us to a quantity and quality of crime notably augmented by the Christian spirit of the new regime .

As to painless execution, the simple and practical way to make them both just and expedient is the adoption by murderers of a system of painless assassinations. Until this is done there seems to be no call to renounce the wholesome discomfort of the style of executions endeared to us by memories and associations of the tenderest character. There is, I fancy, a shaping notion in the observant mind that the penologists and their allies have gone about as far as they can safely be permitted to go in the direction of a softer suasion of the criminal nature toward good behavior. The modern prison has become a rather more comfortable habitation than the dangerous classes are accustomed to at home. Modern prison life has in their eyes something of the charm and glamor of an ideal existence, like that in the Happy Valley from which Rasselas had the folly to escape. Whatever advantages to the public may be secured by abating the rigors of imprisonment and inconveniences incident to execution, there is this objection: it makes them less deterrent. Let the penologers and philanthropers have their way and even hanging might be made so pleasant and withal so interesting a social distinction that it would deter nobody but the person hanged. Adopt the euthanasian method of electricity, asphyxia by smothering in rose-leaves, or slow poisoning with rich food, and the death penalty may come to be regarded as the object of a noble ambition to the bon vivant , and the rising young suicide may go and kill somebody else instead of himself, in order to receive from the public executioner a happier dispatch than his own 'prentice hand can assure him.

But the advocates of agreeable pains and penalties tell us that in the darker ages, when cruel and degrading punishment was the rule, and was freely inflicted for every light infraction of the law, crime was more common than it is now; and in this they appear to be right. But one and all, they overlook a fact equally obvious and vastly significant, that the intellectual, moral and social condition of the masses was very low. Crime was more common because ignorance was more common, poverty was more common, sins of authority, and therefore hatred of authority, were more common. The world of even a century ago was a different world from the world of today, and a vastly more uncomfortable one. The popular adage to the contrary notwithstanding, human nature was not by a long cut the same then that it is now. In the very ancient time of that early English king, George III, when women were burned at the stake in public for various offenses and men were hanged for "coining" and children for theft, and in the still remoter period ( circa 1530), when prisoners were boiled in several waters, divers sorts of criminals were disemboweled and some are thought to have undergone the peine forte et dure of cold-pressing (an infliction which the pen of Hugo has since made popular-in literature)-in these wicked old days crime flourished, not because of the law's severity, but in spite of it. It is possible that our law-making ancestors understood the situation as it then was a trifle better than we can understand it on the hither side of this gulf of years, and that they were not the reasonless barbarians that we think them to have been. And if they were, what must have been the unreason and barbarity of the criminal element with which they had to deal?

I am far from thinking that severity of punishment can have the same restraining effect as probability of some punishment being inflicted; but if mildness of penalty is to be superadded to difficulty of conviction, and both are to be mounted upon laxity in detection, the pile will be complete indeed. There is a peculiar fitness, perhaps, in the fact that all these pleas for comfortable punishment should be urged at a time when there appears to be a general disposition to inflict no punishment at all. There are, however, still a few old-fashioned persons who hold it obvious that one who is ambitious to break the laws of his country will not with so light a heart and so airy an indifference incur the peril of a harsh penalty as he will the chance of one more nearly resembling that which he would himself select.