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Page 5
It is said that it, is possible that we should continue to exist
in some mode totally inconceivable to us at present. This is a most
unreasonable presumption. It casts on the adherents of annihilation
the burthen of proving the negative of a question, the affirmative
of which is not supported by a single argument, and which, by its
very nature, lies beyond the experience of the human understanding.
It is sufficiently easy, indeed, to form any proposition, concerning
which we are ignorant, just not so absurd as not to be contradictory
in itself, and defy refutation. The possibility of whatever enters
into the wildest imagination to conceive is thus triumphantly
vindicated. But it is enough that such assertions should be either
contradictory to the known laws of nature, or exceed the limits of our
experience, that their fallacy or irrelevancy to our consideration
should be demonstrated. They persuade, indeed, only those who
desire to be persuaded. This desire to be for ever as we are; the
reluctance to a violent and unexperienced change, which is common
to all the animated and inanimate combinations of the universe, is,
indeed, the secret persuasion which has given birth to the opinions
of a future state.
[1815; publ. 1840]
ON THE PUNISHMENT OF DEATH
A FRAGMENT
The first law which it becomes a Reformer to propose and support,
at the approach of a period of great political change, is the
abolition of the punishment of death.
It is sufficiently clear that revenge, retaliation, atonement,
expiation, are rules and motives, so far from deserving a place in
any enlightened system of political life, that they are the chief
sources of a prodigious class of miseries in the domestic circles
of society. It is clear that however the spirit of legislation may
appear to frame institutions upon more philosophical maxims, it
has hitherto, in those cases which are termed criminal, done little
more than palliate the spirit, by gratifying a portion of it; and
afforded a compromise between that which is bests--the inflicting
of no evil upon a sensitive being, without a decisively beneficial
result in which he should at least participates--and that which is
worst; that he should be put to torture for the amusement of those
whom he may have injured, or may seem to have injured.
Omitting these remoter considerations, let us inquire what, DEATH
is; that punishment which is applied as a measure of transgressions
of indefinite shades of distinction, so soon as they shall have
passed that degree and colour of enormity, with which it is supposed
no, inferior infliction is commensurate.
And first, whether death is good or evil, a punishment or a reward,
or whether it be wholly indifferent, no man can take upon himself
to assert. That that within us which thinks and feels, continues
to think and feel after the dissolution of the body, has been the
almost universal opinion of mankind, and the accurate philosophy
of what I may be permitted to term the modern Academy, by showing
the prodigious depth and extent of our ignorance respecting the
causes and nature of sensation, renders probable the affirmative
of a proposition, the negative of which it is so difficult to
conceive, and the popular arguments against which, derived from
what is called the atomic system, are proved to be applicable only
to the relation which one object bears to another, as apprehended
by the mind, and not to existence itself, or the nature of that
essence which is the medium and receptacle of objects.
The popular system of religion suggests the idea that the mind,
after death, will be painfully or pleasurably affected according to
its determinations during life. However ridiculous and pernicious
we must admit the vulgar accessories of this creed to be, there
is a certain analogy, not wholly absurd, between the consequences
resulting to an individual during life from the virtuous or vicious,
prudent or imprudent, conduct of his external actions, to those
consequences which are conjectured to ensue from the discipline
and order of his internal thoughts, as affecting his condition in
a future state. They omit, indeed, to calculate upon the accidents
of disease, and temperament, and organization, and circumstance,
together with the multitude of independent agencies which affect
the opinions, the conduct, and the happiness of individuals, and
produce determinations of the will, and modify the judgement, so
as to produce effects the most opposite in natures considerably
similar. These are those operations in the order of the whole of
nature, tending, we are prone to believe, to some definite mighty
end, to which the agencies of our peculiar nature are subordinate;
nor is there any reason to suppose, that in a future state they should
become suddenly exempt from that subordination. The philosopher is
unable to determine whether our existence in a previous state has
affected our present condition, and abstains from deciding whether
our present condition will affect us in that which may be future.
That, if we continue to exist, the manner of our existence will be
such as no inferences nor conjectures, afforded by a consideration
of our earthly experience, can elucidate, is sufficiently obvious.
The opinion that the vital principle within us, in whatever mode
it may continue to exist, must lose that consciousness of definite
and individual being which now characterizes it, and become a unit
in the vast sum of action and of thought which disposes and animates
the universe, and is called God, seems to belong to that class of
opinion which has been designated as indifferent.
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