OPINIONS

OF

DIFFERENT AUTHORS

UPON THE

PUNISHMENT OF DEATH,

SELECTED

BY

BASIL MONTAGU, ESQ.

OF LINCOLN'S INN.

VOL. III.

London:

PUBLISHED BY LONGMAN, Hurst, REES, ORME, AND BROWN,

PATERNOSTER-ROW;

AND SOLD BY CADELL AND DAVIES, STRAND; J. BUTTERWORTH, FLEET-
STREET; CLARKE AND SONS, PORTUGAL-STREET; J. AND A. ARCH, CORN-
HILL; DARTON, HARVEY, AND DARTON, GRACECHURCH-STREET; J.
HATCHARD, PICCADILLY; W. PHILLIPS, GEORGE-YARD, LOMBARD-STREET;
AND J. JOHNSON AND CO. ST. PAUL'S CHURCH-YARD.

J. M'Creery, Printer, Black-Horse-Court, Fleet-Street.

1813.

LIBRARY

UNIVERSITY OF CALIFORNIA
DAVIS

THERE appear to be four questions of the utmost importance in the formation of any system of penal law. These questions are:

1. Do men love cruel laws?

2. Is the ease with which a crime may be committed a justification for any and what augmentation of the punishment?

3. Ought the passion of anger to have any and what influence in criminal legislation ?

4. How does punishment chiefly operate in the prevention of crime?

There are some observations upon each of these subjects in the conclusion of this volume:*-With respect to the last question, viz. How does punishment chiefly operate in the prevention of crime? it is stated to have been said in the House of Commons on Feb. 5, 1810, "It is not by the fear of death but by exciting in the community a sentiment of horror against any particular act that we can hope to deter

* Beginning at page 373.