Harsh Punishments Like The Death Penalty example essay topic

And Justice For All In his commentary of "On Crimes and Punishments' by Beccaria, Voltaire argues that the overuse and or the misuse of the death penalty erodes the very strength of a society. Voltaire's work acts like a thermometer for the age of enlightenment. During the enlightenment era, there was a shift in thought and deed regarding humanity. As a result of this shift, the use of torture, punishment, and the death penalty were reevaluated. Speaking about torture, Voltaire said that " [r] edified tortures, in which one can see how the human mind has worn itself out making death frightful, seems to be more the inventions of tyranny than of justice' (Voltaire, 245).

Here, Voltaire comments on how a select few in power use tyranny to oppress the members of a society in the name of justice. Instead of serving the state, the death penalty and torture have adverse affects on the state. Society grows cautious and afraid of its government. It is important to point out that the commoner (both sexes, working class, not of any noble decent) was subject to horrible torture and harsh punishment while there were times when the rich or affluent could use their wealth and power to escape their sentence. This unequal distribution of "justice' further eroded the people's sense of community. It is difficult to grow together as a society when you live in constant fear of your government.

When people are afraid to voice their opinion about community issues for fear of persecution, they draw back from the public realm and concentrate on living their private life. Life becomes a series of day to day struggles with no sense of togetherness or unity. In the past, various leaders have played on these feelings of fear and intimidation to gain control over unruly masses. Harsh punishments, like the death penalty were used in time of revolution and chaos. Voltaire calls laws of this nature political laws because they "are made for reasons of short term need' (263). The law of reprisal is an example of a political law.

Voltaire argues that many of these political laws outdated and even barbaric. He questions the ability of man to sentence another man to death. "This difficulty was solemnly debated before Emperor Henry VI. He made a judgement that no judge can have that right' (259).

Voltaire realizes that there are some crimes that merit the death penalty. However, he suggests a policy of social service for criminals rather than the death penalty. "Force men to work and you will make them into honest people' (259). Voltaire saw the usefulness of hard work. He might have thought it served a kind of medicinal purpose. Hard work (working for society) could teach criminals the value of a community, and therefore they would change their ways.

However, if the death penalty became the cure all, those valuable lessons would never be learned. Voltaire had other reasons for arguing against the death penalty. It can be inferred that Voltaire placed a higher value on life during the enlightenment. "Our masters, our first legislators, respected the blood of their fellow-countrymen. We squander the blood of ours' (259). Voltaire reminds society that France was not founded upon the principle of death and oppression.

Voltaire might have felt that the constant display of execution and death would have sent a message to the members of society that life had little value. Once people started to think in this way, they would place little importance on bettering themselves or their communities. Voltaire believed in "humanity, which is stronger than the law' (259). Voltaire commented that there were as many different kinds of laws as there were towns. This lack of legal uniformity aided the instability of not only the political system but of the community as well. Individuals traveling to other towns might be met with strange laws.

People that were unhappy with the current situation in a town or village could move to another place where they might achieve their goals. This led to the confusion and bewilderment of residence across France. For these reasons, it was difficult to build a strong society. Voltaire suggests that the death penalty will erode away the very strength of a society.

The death penalty and other acts of terror (torture) will force people to fear their governments and in doing so, impede their ability to build a strong society. Furthermore, Voltaire argues that the death penalty does away with the opportunity for reform. Hard work can help people change. When people begin to see that life consists of terror, confusion, oppression, and instability, they will turn all their efforts to survival and disregard all other venues. The death penalty and its misuse or overuse sent a message contrary to that of the enlightenment. In a time where humanity was making progress, the death penalty served as a roadblock to the betterment of mankind.