A Commentary on the New Code of Canon Law, Vol. 8: Book V; Penal Code (Can. 2195-2414) With Complete Index (Classic Reprint) - Softcover

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Excerpt from A Commentary on the New Code of Canon Law, Vol. 8: Book V; Penal Code (Can. 2195-2414) With Complete Index

Brutal laws brutalize a people, is a well known dictum of Montesquieu. If this is true of all laws, it is even more so of penal laws. For penalty means pain or suffering, and if this is out of proportion with the crime, it becomes an incentive to rebellion against law, and finally, against authority itself. Moderation in the-penal code, therefore, should be the keynote of wise legislation,1. We say this, not as if we had expected that the Code of Canon Law would fail in mod cration, but for the reasons which follow. Modern crim inology IS too moderate; it even eliminates the very notion of penalty. This IS due to an inevitable reaction. Legis lators had not always followed Wise moderation or suffi ciently considered the physical and psychological con dition of the delinquent. With regard to this point, and more especially the treatment of youthful delim quents, the modern theories of criminology deserve some consideration. On,the other hand these the ories cannot claim universal, either scientific or dog matic, acceptance. For they are based on mere as sumptions and neglect sound philosophical principles.

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