第24章 12(1)

The above are the motives that make men do wrong to others; we are next to consider the states of mind in which they do it, and the persons to whom they do it.

They must themselves suppose that the thing can be done, and done by them: either that they can do it without being found out, or that if they are found out they can escape being punished, or that if they are punished the disadvantage will be less than the gain for themselves or those they care for. The general subject of apparent possibility and impossibility will be handled later on, since it is relevant not only to forensic but to all kinds of speaking. But it may here be said that people think that they can themselves most easily do wrong to others without being punished for it if they possess eloquence, or practical ability, or much legal experience, or a large body of friends, or a great deal of money. Their confidence is greatest if they personally possess the advantages mentioned: but even without them they are satisfied if they have friends or supporters or partners who do possess them: they can thus both commit their crimes and escape being found out and punished for committing them. They are also safe, they think, if they are on good terms with their victims or with the judges who try them. Their victims will in that case not be on their guard against being wronged, and will make some arrangement with them instead of prosecuting; while their judges will favour them because they like them, either letting them off altogether or imposing light sentences. They are not likely to be found out if their appearance contradicts the charges that might be brought against them: for instance, a weakling is unlikely to be charged with violent assault, or a poor and ugly man with adultery. Public and open injuries are the easiest to do, because nobody could at all suppose them possible, and therefore no precautions are taken. The same is true of crimes so great and terrible that no man living could be suspected of them: here too no precautions are taken. For all men guard against ordinary offences, just as they guard against ordinary diseases; but no one takes precautions against a disease that nobody has ever had. You feel safe, too, if you have either no enemies or a great many; if you have none, you expect not to be watched and therefore not to be detected; if you have a great many, you will be watched, and therefore people will think you can never risk an attempt on them, and you can defend your innocence by pointing out that you could never have taken such a risk. You may also trust to hide your crime by the way you do it or the place you do it in, or by some convenient means of disposal.

You may feel that even if you are found out you can stave off a trial, or have it postponed, or corrupt your judges: or that even if you are sentenced you can avoid paying damages, or can at least postpone doing so for a long time: or that you are so badly off that you will have nothing to lose. You may feel that the gain to be got by wrong-doing is great or certain or immediate, and that the penalty is small or uncertain or distant. It may be that the advantage to be gained is greater than any possible retribution: as in the case of despotic power, according to the popular view. You may consider your crimes as bringing you solid profit, while their punishment is nothing more than being called bad names. Or the opposite argument may appeal to you: your crimes may bring you some credit (thus you may, incidentally, be avenging your father or mother, like Zeno), whereas the punishment may amount to a fine, or banishment, or something of that sort. People may be led on to wrong others by either of these motives or feelings; but no man by both-they will affect people of quite opposite characters. You may be encouraged by having often escaped detection or punishment already; or by having often tried and failed; for in crime, as in war, there are men who will always refuse to give up the struggle. You may get your pleasure on the spot and the pain later, or the gain on the spot and the loss later.