1.16

Consequently, there is no need that correction be given in anger in order to restrain the erring and the wicked. For since anger is a mental sin, it is not right to correct wrong-doing by doing wrong. “What then?” you exclaim; “shall I not be angry with a robber? Shall I not be angry with a poisoner?” No; for I am not angry with myself when I let my own blood. To every form of punishment will I resort, but only as a remedy. If you are lingering as yet in the first stage of error and are lapsing, not seriously, but often, I shall try to correct you by chiding, first in private, then in public. If you have already advanced so far that words can no longer bring you to your senses, then you shall be held in check by public disgrace. Should it be necessary to brand you in more drastic fashion, with a punishment you can feel, you shall be sent into exile, banished to an unknown region. Should your wickedness have become deep-rooted, demanding harsher remedies to meet your case, to chains and the state-prison we shall have resort. If with mind incurable you link crime to crime and are actuated no longer by the excuses which will never fail the evil man, but wrong-doing itself becomes to you pretext enough for doing wrong; if you have drained the cup of wickedness and its poison has so mingled with your vitals that it cannot issue forth without them; if, poor wretch! you have long desired to die, then we shall do you good service — we shall take from you that madness by which, while you harass others, you yourself are harassed, and to you who have long wallowed in the suffering of yourself and others we shall gladly give the only boon still left for you, death! Why should I be angry with a man to whom I am giving the greatest help? Sometimes the truest form of pity is to kill. If with the training of an expert physician I had entered a hospital or a rich man’s household, I should not have prescribed the same treatment to all, though their diseases differed. Diverse, too, are the ills I see in countless minds, and I am called to cure the body politic; for each man’s malady the proper treatment should be sought; let this one be restored by his own self-respect, this one by a sojourn abroad, this one by pain, this one by poverty, this one by the sword! Accordingly, even if as a magistrate I must put on my robe awry20 and summon the assembly by the trumpet21 I shall advance to the high tribunal, not in rage nor in enmity, but with the visage of the law, and as I pronounce those solemn words my voice will not be fierce, but rather grave and gentle, and not with anger, but with sternness, I shall order the law to be enforced. And when I command a criminal to be beheaded, or sew up a parricide in the sack,22 or send a soldier to his doom, or stand a traitor or a public enemy upon the Tarpeian Rock, I shall have no trace of anger, but shall look and feel as I might if I were killing a snake or any poisonous creature. “We have to be angry,” you say, “in order to punish.” What! Think you the law is angry with men it does not know, whom it has never seen, who it hopes will never be? The spirit of the law, therefore, we should make our own — the law which shows not anger but determination. For if it is right for a good man to be angry at the crimes of wicked men, it will also be right for him to be envious of their prosperity. And what, indeed, seems more unjust than that certain reprobates should prosper and become the pets of fortune — men for whom there could be found no fortune bad enough? But the good man will no more view their blessings with envy than he views their crimes with anger. A good judge condemns wrongful deeds, but he does not hate them. “What then?” you say; “when the wise man shall have something of this sort to deal with, will not his mind be affected by it, will it not be moved from its usual calm?” I admit that it will; it will experience some slight and superficial emotion. For as Zeno says: “Even the wise man’s mind will keep its scar long after the wound has healed.” He will experience, therefore, certain suggestions and shadows of passion, but from passion itself he will be free.