The Online Library of Liberty

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• An Enquiry Concerning Political Justice.
• Book V.: Of Legislative and Executive Power
• Chap. I.: Introduction
• Chap. II.: Of Education, the Education of a Prince.
• Chap. III.: Private Life of a Prince.
• Chap. IV.: Of a Virtuous Despotism.
• Chap. V.: Of Courts and Ministers.
• Chap. VI.: Of Subjects.
• Chap. VII.: Of Elective Monarchy.
• Chap. VIII.: Of Limited Monarchy.
• Chap. IX.: Of a President With Regal Powers.
• Chap. X.: Of Hereditary Distinction.
• Chap. XI.: Moral Effects of Aristocracy.
• Chap. XII.: Of Titles.
• Chap. XIII.: Of the Aristocratical Character.
• Chap. XIV.: General Features of Democracy.
• Chap. XV.: Of Political Imposture.
• Chap. XVI.: Of the Causes of War.
• Chap. XVII.: Of the Object of War.
• Chap. XVIII.: Of the Conduct of War.
• Chap. XIX.: Of Military Establishments and Treaties.
• Chap. XX.: Of Democracy As Connected With the Transactions of War.
• Chap. XXI.: Of the Composition of Government
• Chap. XXII.: Of the Future History of Political Societies
• Chap. XXIII.: Of National Assemblies
• Chap. XXIV.: Of the Dissolution of Government
• An Enquiry Concerning Political Justice
• Book VI.: Of Opinion Considered As a Subject of Political Institution.
• Chap. I: General Effects of the Political Superintendence of Opinion.
• Chap. II.: Of Religious Establishments
• Chap. III.: Of the Suppression of Erroneous Opinion In Religion and Government.
• Chap. IV.: Of Tests.
• Chap. V.: Of Oaths.
• Chap. VI.: Of Libels.
• Chap. VII.: Of Constitutions.
• Chap. VIII.: Of National Education.
• Chap. IX.: Of Pensions and Salaries.
• Chap. X.: Of the Modes of Deciding a Question On the Part of the Community.
• An Enquiry Concerning Political Justice.
• Book VII.: Of Legislative and Executive Power
• Chap. I.: Limitations of the Doctrine of Punishment Which Result From the Principles of Morality.
• Chap. II.: General Disadvantages of Coercion.
• Chap. III.: Of the Purposes of Coercion.
• Chap. IV.: Of the Application of Coercion.
• Chap. V.: Of Coercion Considered As a Temporary Expedient.
• Chap. VI.: Scale of Coercion.
• Chap. VII.: Of Evidence.
• Chap. VIII.: Of Law.
• Chap. IX.: Of Pardons.
• An Enquiry Concerning Political Justice.
• Book VIII.: Of Property.
• Chap. I.: Genuine System of Property Delineated.
• Chap. II.: Benefits Arising From the Genuine System of Property.
• Chap. III.: Of the Objection to This System From the Admirable Effects of Luxury.
• Chap. IV.: Of the Objection to This System From the Allurements of Sloth.
• Chap. V.: Of the Objection to This System From the Impossibility of Its Being Rendered Permanent.
• Chap. VI.: Of the Objection to This System From the Inflexibility of Its Restrictions.
• Chap. VII.: Of the Objection to This System From the Principle of Population.
• Chap. VIII.: Of the Means of Introducing the Genuine System of Property.
• Errata.
• Vol. I.
• Vol. II.
• Direction to the Binder.

CHAP. VII.

of evidence.

book vii. chap. vii.Having sufficiently ascertained the decision in which questions of offence against the general safety ought to terminate, it only remains under this head of enquiry to consider the principles according to which the trial should be conducted. These principles may for the most part be referred to two points, the evidence that is to be required, and the method to be pursued by us in classing offences.

Difficulties to which this subject is liable: The difficulties to which the subject of evidence is liable, have been repeatedly stated in the earlier divisions of this work* . It may be worth while in this place to recollect the difficulties which attend upon one particular class of evidence, it being scarcely possible that the imagination of every reader should not sufficebook vii. chap. vii. him to apply this text, and to perceive how easily the same kind of enumeration might be extended to any other class.

It has been asked, “Why intentions are not subjected to theexemplified in the distinction between overt acts and intentions. animadversion of criminal justice, in the samemanner as direct acts of offence?”

The arguments in favour of their being thus subjected are obvious.Reasons against this distinction. “The proper object of political superintendence is not the past, but the future. Society cannot justly employ coercion against any individual, however atrocious may have been his misdemeanours, from any other than a prospective consideration, that is, a consideration of the danger with which his habits may be pregnant to the general safety. Past conduct cannot properly fall under the animadversion of government, except so far as it is an indication of the future. But past conduct appears at first sight to afford a slighter presumption as to what the delinquent will do hereafter, than declared intention. The man who professes his determination to commit murder, seems to be scarcely a less dangerous member of society, than he who, having already committed murder, has no apparent intention to repeat his offence.” And yet all governments have agreed either to pass over the menace in silence, or to subject the offender to a much less degree of coercion, than they employ against him, by whom book vii. chap. vii. the crime has been perpetrated. It may be right perhaps to yield them some attention when they thus agree in forbearance, though little undoubtedly is due to their agreement in inhumanity.

Principle in which it is founded. This distinction, so far as it is founded in reason, has relation principally to the uncertainty of evidence. Before the intention of any man can be ascertained in a court of justice from the consideration of the words he has employed, a variety of circumstances must be taken into the account. The witness heard the words which were employed: does he repeat them accurately, or has not his want of memory caused him to substitute in the room of some of them words of his own? Before it is possible to decide upon the confident expectation I may entertain that these words will be followed with correspondent actions, it is necessary I should know the exact tone with which they were delivered, and gesture with which they were accompanied. It is necessary I should be acquainted with the context, and the occasion that produced them. Their construction will depend upon the quantity of momentary heat or rooted malice with which they were delivered; and words, which appear at first sight of tremendous import, will sometimes be found upon accurate investigation to have had a meaning purely ironical in the mind of the speaker. These considerations, together with the odious nature of coercion in general, and the extreme mischief that may attend our restrainingbook vii. chap. vii. the faculty of speech in addition to the restraint we conceive ourselves obliged to put on men's actions, will probably be found to afford a sufficient reason, why words ought seldom or never to be made a topic of political animadversion.

[*]Book II, Chap. VI. Book VII, Chap. IV.