ABSTRACT

The most important implication that follows from these principles is that only the law may decree the punishment of crimes, and this authority resides with the legislator who represents society as a whole in accordance with the social contract. The second implication is that each individual is bound to society which in turn is bound to each of its members, a bond which nature dictates. It represents an obligation that reaches from the throne to the hovel, applying equally to the most privileged and the most miserable of men. The third implication is that, even if a terrible punishment is not clearly opposed to the public good since it aims ultimately to deter crimes, it still remains contrary to the moral values of enlightened reason. Rather than crudely commanding a sullen mob of slaves, perpetuating a cycle of cruelty in the name of justice, an enlightened ruler looks on happy men in a just society that reflects the social contract.