For whilst the classical abolitionists
almost all assert that the death penalty is inequitable, the
positivists are unanimous in declaring it legitimate, and only a
few contest its practical efficacy.
It seems to me that the death penalty is prescribed by nature, and
operates at every moment in the life of the universe. Nor is it
opposed to justice, for when the death of another man is
absolutely necessary it is legitimate, as in the cases of lawful
self-defence, whether of the individual or of society,
which is admitted by classical abolitionists such as Beccaria and
Carrara.
The universal law of evolution shows us also that vital progress
of every kind is due to continual selection, by the death of the
least fit in the struggle for life. Now this selection, in
humanity as with the lower animals, may be natural or artificial.
It would therefore be in agreement with natural laws that human
society should make an artificial selection, by the elimination of
anti-social and incongruous individuals.
We ought not, however, to carry these conclusions too far, for
every problem has its relative bearings, and positive observation,
unlike logic, does not admit simple and exact solutions.
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