cover image: The Criminal Law Journal of India  Journal  October 1921

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The Criminal Law Journal of India Journal October 1921

1921

When at length the pressure of warlike neighbours forced society for the sake of internal peace to take over first the regultion and finally the execution of private vengeance the change served merely to add to the list of crimes—that is of acts punishable by the state—without in any way affecting the instincts that had governed men's actions from the beginning. [...] For with the rise of the Christian Church a system of theology based on the Deuternomic conception of punishment spread slowly westwards from Palestine and at every stage of its progress its doctrinal insistence upon. future punishment as the expiation of sin helped to fix more firmly in the mind of society the already present but inchoate idea of mundane punishment as the expiation of cri [...] His lurid poem The Day of Doom " in picturing the fate of unbaptized infants consigns them indeed to the place of everlasting torment but yields so far to the impulse of pity as to promise them apparently quite without authority "the easiest room in Hell." This whole body of doctrine dealing with the looms of the Last Judgment was of course the antithesis of the idea of punisment as a p [...] Blind vengeance and blind pity contend in the existing scheme unceasingly for mastery and whether the one or the other is for the moment in control the predminance of either brings in the wake of the victory all the evils of emotional justi e. And so it has come about that the very instincts that led to the institution of punishment as a measure of racial benefit now threaten to retard socie [...] The introduction of the reformatory plan the use of probation the establishment of childrem's court-7-these and the many other notable reforms of the past half"Vol.
law
Pages
12
Published in
India
SARF Document ID
sarf.120178
Segment Pages Author Actions
The Criminal Law Journal of India Journal October 1921
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