With what feelings must an enlightened observer contemplate the furrow of a lash imprinted upon the body of a man？ What heart beats not in unison with the sublime law of antiquity， 'Thou shalt not inflict stripes upon the body of a Roman？' There is but one alternative in this case， on the part of the sufferer. Either his mind must be subdued by the arbitrary dictates of the superior (for to him all is arbitrary that does not stand approved to the judgement of his own understanding)； he will be governed by something that is not reason， and ashamed of something that is not disgrace；第一章r else every pang he endures will excite the honest indignation of his heart， and fix the clear disapprobation of his intellect， will produce contempt and alienation against his punisher.
The justice of punishment is built upon this simple principle： Every man is bound to employ such means as shall suggest themselves for preventing evils subversive of general security， it being first ascertained， either by experience or reasoning， that all milder methods are inadequate to the exigency of the case. The conclusion from this principle is that we are bound， under certain urgent circumstances， to deprive the offender of the liberty he has abused. Further than this perhaps no circumstance can authorize us. He whose person is imprisoned (if that be the right kind of seclusion)Chapter annot interrupt the peace of his fellows； and the infliction of further evil， when his power to injure is removed， is the wild and unauthorized dictate of vengeance and rage， the wanton sport of unquestioned superiority .
When indeed the person of the offender has been first seized， there is a further duty incumbent on his punisher， the duty of endeavouring his reform. But this makes no part of the direct consideration. The duty of every man to contribute to the intellectual health of his neighbour is of general application. Beside which it is proper to recollect， what has been already proved. that coercion of no sort is among the legitimate means of reformation. Restrain the offender as long as the safety of the community prescribes it， for this is just. Restrain him not an instant from a simple view to his own improvement， for this is contrary to reason and morality.