CHAP. XIII.
Impotency of the Laws of Japan.
Book VI.
Chap. 13.EXCESSIVE punishments may even corrupt a despotic government; of this we have an instance in Japan.
Here almost all crimes are punished with death[1], because disobedience to so great an emperor, as that of Japan, is reckoned an enormous crime. The question is not so much to correct the delinquent, as to vindicate the authority of the prince. These notions are derived from servitude, and are owing especially to this, that as the emperor is universal proprietor, almost all crimes are directly against his interests.
They punish with death lies spoken before the magistrate[2]; a proceeding contrary to natural to defence.
Even things which have not the appearance of a crime are severely punished; for instance, a man that ventures his money at play is put to death.
True it is that the surprizing character of this obstinate, capricious, resolute, whimsical people, who defy all dangers and calamities, seems to absolve their legislators from the imputation of cruelty, notwithstanding the severity of their laws. But are men, who have a natural contempt of death, and who rip open their bellies for the least fancy, are such men, I say, mended or deterred, or rather are they not hardened, by the continual fight of punishments?
The relations of travellers inform us, with respect to the education of the Japanese, that children must be treated there. with mildness, because
