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ONE: From this necessity of the favour of other people arose private duels, which sprang up precisely in an anarchical state of the laws. It is said they were unknown to antiquity, perhaps because the ancients did not meet suspiciously armed in the temples, the theatres, or with friends; perhaps because the duel was an ordinary and common sight, presented to the people by gladiators, who were slaves or low people, and freemen disdained to be thought and called private gladiators. In vain has it been sought to extirpate the custom by edicts of death against any man accepting a challenge, for it is founded on that which some men fear more than death; since without the favour of his fellows the man of honour foresees himself exposed either to become a merely solitary being, a condition insufferable to a sociable man, or to become the butt of insults and disgrace which, from their constant operation, prevail over the fear of punishment. Why is it that the lower orders do not for the most part fight duels like the great? Not only because they are disarmed, but because the need of the favour of others is less general among the people[213] than among those who, in higher ranks, regard themselves with greater suspicion and jealousy.The object of the preliminary chapters is to place the historical importance of the original in its just light, and to increase the interest of the subjects it discusses. TWO:THREE:Whoever, therefore, shall wish to honour me with his criticisms, I would have begin with a thorough comprehension of the purpose of my work��a purpose which, so far from diminishing legitimate authority, will serve to increase it, if opinion can effect more over men��s minds than force, and if the mildness and humanity of the government shall justify it in the eyes of all men. The ill-conceived criticisms that have been published against this book are founded on confused notions, and compel me to interrupt for a moment the arguments I was addressing to my enlightened readers, in order to close once for all every door against the misapprehensions of timid bigotry or against the calumnies of malice and envy.

FORE:CHAPTER XLII. CONCLUSION.Such are some of the problems connected with penology, which best illustrate the imperfection of its hitherto attained results. Only one thing as yet seems to stand out from the mist, which is, that closely associated as crime and punishment are both in thought and speech, they are but little associated in reality. The amount of crime in a country appears to be a given quantity, dependent on quite other causes than the penal laws directed to its repression. The efficiency of the latter seems proportioned[107] to their mildness, not to their severity; such severity being always spoiled by an inevitable moderation in practice. The conclusion, therefore, would seem to be, that a short simple code, with every punishment attached to every offence, with every motive for aggravation of punishment stated, and on so moderate a scale that no discretion for its mitigation should be necessary, would be the means best calculated to give to penal laws their utmost value as preventives of crime, though experience proves that as such preventives their place is a purely secondary one in a really good system of legislation.