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THE NEW REPUBLIC

duty rather than a crime. And since they will regard, as indeed all men raised above a brutish level do regard, a very long term of imprisonment as infinitely worse than death, as being, indeed, death with a living misery added to its natural terror, they will, I conceive, where the whole tenor of a man's actions, and not simply some incidental or impulsive action, seems to prove him unfitted for free life in the world, consider him carefully, and condemn him, and remove him from being. All such killing will be done with an opiate, for death is too grave a thing to be made painful or dreadful, and used as a deterrent from crime. If deterrent punishments are used at all in the code of the future, the deterrent will neither be death, nor mutilation of the body, nor mutilation of the life by imprisonment, nor any horrible things like that, but good scientifically caused pain, that will leave nothing but a memory. Yet even the memory of overwhelming pain is a sort of mutilation of the soul. The idea that only those who are fit to live freely in an orderly world-state should be permitted to live, is entirely against the use of deterrent punishments at all. Against outrageous conduct to children or women, perhaps, or for very cowardly or brutal assaults of any sort, the men of the future may consider pain a salutary remedy, at least during the ages of transition while the brute is still at large. But since most acts of this sort done under conditions that neither torture nor exasperate, point to an essential vileness in the perpetrator, I am inclined to think that even in these cases the men of the coming time will be far less disposed to torture than to kill.

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