Quotations about:
    cruelty

Well, those are my objections on moral grounds. From a practical point of view, surely it’s obvious that to punish thieves and murderers in precisely the same way is not only absurd but also highly dangerous for the public. If a thief knows that a conviction for murder will get him into no more trouble than a conviction for theft, he’s naturally impelled to kill the person that he’d otherwise merely have robbed. It’s no worse for him if he’s caught, and it gives him a better chance of not being caught, and of concealing the crime altogether by eliminating the only witness. So in our efforts to terrorize thieves we’re actually encouraging them to murder innocent people.

[Non licere putem. Quam uero sit absurdum, atque etiam perniciosum reipublicae furem, atque homicidam ex aequo puniri, nemo est, opinor, qui nesciat.
Nempe quum latro conspiciat non minus imminere discriminis duntaxat furti damnato, quam si praeterea conuincatur homicidij, hac una cogitatione impellitur in caedem eius, quem alioqui fuerat tantum spoliaturus. quippe praeterquam quod deprehenso nihil sit plus periculi, est etiam in caede securitas maior, & maior caelandi spes sublato facinoris indice.
Itaque dum fures nimis atrociter studemus perterrefacere, in bonorum incitamus perniciem.]

Thomas More (1478-1535) English lawyer, social philosopher, statesman, humanist, Christian martyr

Utopia, Book 1, ch. 1 “Discourses of Raphael Hythloday” (1518 ed.) [tr. Turner (1965 ed.)]
    (Source)

On the hanging of thieves under English law.

(Source (Latin)). Other translations:

I am persuaded that this punishement is unlawful. Furthermore I thinke ther is no body that knoweth not, how unreasonable, yea, how pernitious a thinge it is to the weale publike, that a thefe and a homicide or murderer, should suffer equall and like punishment. For the thefe seynge that man, that is condempned for thefte in no less jeoperdie, nor judged to no lesse punishment, then him that is convicte of manslaughter; throughe this cogitation onelye he is strongly and forciblye provoked, and in a maner constreined to kill him whome els he woulde have but robbed. For the murder beynge ones done, he is in lesse feare, and in more hoope that the deede shall not be bewrayed or knowen, seynge the partye is nowe deade and rydde oute of the waye, which onelye mighte have uttered and disclosed it. But if he chaunce to be taken and discrived, yet he is in no more daunger and jeoperdie, then if he had committed but single fellonye. Therfore whiles we go about with suche crueltie to make theves aferd, we provoke them to kil good men.
[tr. Robynson (1551)]

I think the putting of Thieves to death is not lawful; and it is plain and obvious that it is absurd, and of ill Consequence to the Common-Wealth, that a Thief and a Murderer should be equally punished; for if a Robber sees that his Danger is the same, if he is convicted of Theft, as if he were guilty of Murder, this will naturally set him on to kill the Person whom otherwise he would only have robbed; since, if the Punishment is the same, there is more security, and less danger of discovery, when he that can best make it is put out of the way; so that terrifying Thieves too much provokes them to cruelty.
[tr. Burnet (1684)]

I think putting thieves to death is not lawful ; and it is plain and obvious that it is absurd, and of ill consequence to the commonwealth, that a thief and a murderer should be equally punished: for if a robber sees that his danger is the same, if he is convicted of theft, as if he were guilty of murder, this will naturally incite him to kill the person whom otherwife he would only have robbed, since if the punishment is the same, there is more security and less danger of discovery, when he that can best make it is put out of the way; so that terrifying thieves too much, provokes them to cruelty.
[tr. Warner (1758)]

I think putting thieves to death, not lawful. And it is obviously absurd, and prejudicial to the commonwealth, that theft and murder should be punished alike. For, if a robber find that his danger is the same, if he be convicted of theft as if he had been guilty of murder, he will be incited to kill the person whom otherwise he would only have robbed; since, the punishment being the same, there is less danger of discovery, when he who can best make it is killed. Thus, terrifying thieves too much, provoketh them to cruelty.
[tr. Cayley (1808)]

I think putting thieves to death is not lawful; and it is plain and obvious that it is absurd and of ill consequence to the commonwealth that a thief and a murderer should be equally punished; for if a robber sees that his danger is the same if he is convicted of theft as if he were guilty of murder, this will naturally incite him to kill the person whom otherwise he would only have robbed; since, if the punishment is the same, there is more security, and less danger of discovery, when he that can best make it is put out of the way; so that terrifying thieves too much provokes them to cruelty.
[tr. Burnet/Morley (1901)]

I am persuaded that this punishment is unlawful. Furthermore, I think there is no body that knoweth not how unreasonable, yea, how pernicious a thing it is to the weal public that a thief and a homicide or murderer should suffer equal and like punishment. For the thief, seeing that man that is condemned for theft in no less jeopardy, nor judged to no less punishment, than him that is convict of manslaughter; through this cogitation only he is strongly and forcibly provoked, and in a manner constrained, to kill him, whom else he would have but robbed. For the murder once done, he is in less care and in more hope, that the deed shall not be betrayed or known, seeing the party is now dead and rid out of the way, which only might have uttered and disclosed it. But if he chance to be taken and discrived, yet he is in no more danger and jeopardy than if he had committed but single felony. Therefore whiles we go about with such cruelty to make thieves afeared, we provoke them to kill good men.
[tr. Robynson/Lupton/Armes (1911)]

I think this punishment unlawful. Now how absurd and even dangerous to the commonwealth it is that a thief and a murderer should receive the same punishment, surely everyone knows. For since the robber sees that he is in as great danger if merely condemned for theft as if he were convicted of murder as well, this consideration alone impels him to murder a man, whom otherwise he would only have robbed; for besides the fact that he is in no more danger if caught, there is greater safety in putting the man out of the way, and a greater hope of covering up the offence, if there is no one left to tell the tale. And so while we try to frighten thieves with excessive cruelty, we urge them on to the destruction of honest men.
[tr. Richards (1923)]

I think this punishment unlawful. Besides, surely everyone knows how absurd and even dangerous to the commonwealth it is that a thief and a murderer should receive the same punishment. Since the robber sees that he is in as great danger if merely condemned for theft as if he were convicted of murder as well, this single consideration impels him to murder the man whom otherwise he would only have robbed. In addition to the fact that he is in no greater danger if caught, there is greater safety in putting the man out of the way and greater hope of covering up the crime if he leaves no one left to tell the tale. Thus, while we endeavor to terrify thieves with excessive cruelty, we urge them on to the destruction of honest citizens.
[tr. Richards/Surtz (1964)]

I think it is wrong to put thieves to death. But everybody knows how absurd and even harmful to the public welfare it is to punish theft and murder alike. If theft carries the same penalty as murder, the thief will be encouraged to kill the victim whom otherwise he would only have robbed. When the punishment is the same, murder is safer, since one conceals both crimes by killing the witness. Thus while we try to terrify thieves with extreme cruelty, we really invite them to kill innocent men.
[tr. Adams (1992 ed.)]

I think putting thieves to death is not lawful; and it is plain and obvious that it is absurd and of ill consequence to the commonwealth that a thief and a murderer should be equally punished; for if a robber sees that his danger is the same if he is convicted of theft as if he were guilty of murder, this will naturally incite him to kill the person whom otherwise he would only have robbed; since, if the punishment is the same, there is more security, and less danger of discovery, when he that can best make it is put out of the way; so that terrifying thieves too much provokes them to cruelty.
[tr. Open Utopia (Duncombe) (2012)]