CHAPTER XIII - On the solicitude for security as manifested in the punishment of transgressions of the State's laws (criminal laws)

Summary

The last, and perhaps the most important, of the means adopted for preserving the security of the citizens, is the punishment of transgression of the State's laws. I must therefore apply to this also the fundamental principles we have already agreed on. Now the first question which presents itself here is this: what are the actions which the State can regard and punish as crimes? The answer is, after what has been said previously, an easy one. For as the State must pursue no other end than the security of its subjects, it may impose restrictions only on actions which run counter to this ultimate object. But it also follows that such actions deserve suitable punishment. For since they impair what is most necessary both to man's pleasure and to the cultivation of his powers, the harm they do is so serious that we should use all permissible and appropriate means to oppose it. Moreover, according to the fundamental principles of justice, everyone must accept that the punishment should invade the circle of his own rights to the same extent as the offence invaded that of another. But to punish actions, on the contrary, which relate to the agent only, or which are done with the consent of the person who is affected by them, is forbidden by the same principles which do not permit their limitation; and hence none of the so–called carnal crimes (rape excepted), whether creating offence or not, attempted suicide, etc. ought to be punished, and even taking away a man's life with his own consent should not be, unless the possibility of a dangerous abuse of this exemption should make a criminal law necessary.