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The Consolation of Philosophy

Boethius · c. 523–525 CE primary

passage 62 of 85 · BOOK I. > BOOK IV. (10/18)

in brief
Philosophy continues that wrongdoers deserve punishment and are therefore more miserable than victims, while law-courts wrongly cultivate pity for sufferers instead of compassion for criminals as “sick” souls.

'Let me hear these same reasons,' said I.

'Wouldst thou deny that every wicked man deserves punishment?'

'I would not, certainly.'

'And that those who are wicked are unhappy is clear in manifold ways?'

'Yes,' I replied.

'Thou dost not doubt, then, that those who deserve punishment are wretched?'

'Agreed,' said I.

'So, then, if thou wert sitting in judgment, on whom wouldst thou decree the infliction of punishment--on him who had done the wrong, or on him who had suffered it?'

'Without doubt, I would compensate the sufferer at the cost of the doer of the wrong.'

'Then, the injurer would seem more wretched than the injured?'

'Yes; it follows. And so for this and other reasons resting on the same ground, inasmuch as baseness of its own nature makes men wretched, it is plain that a wrong involves the misery of the doer, not of the sufferer.'

'And yet,' says she, 'the practice of the law-courts is just the opposite: advocates try to arouse the commiseration of the judges for those who have endured some grievous and cruel wrong; whereas pity is rather due to the criminal, who ought to be brought to the judgment-seat by his accusers in a spirit not of anger, but of compassion and kindness, as a sick man to the physician, to have the ulcer of his fault cut away by punishment. Whereby the business of the advocate would either wholly come to a standstill, or, did men prefer to make it serviceable to mankind, would be restricted to the practice of accusation. The wicked themselves also, if through some chink or cranny they were permitted to behold the virtue they have forsaken, and were to see that by the pains of punishment they would rid themselves of the uncleanness of their vices, and win in exchange the recompense of righteousness, they would no longer think these sufferings pains; they would refuse the help of advocates, and would commit themselves wholly into the hands of their accusers and judges. Whence it comes to pass that for the wise no place is left for hatred; only the most foolish would hate the good, and to hate the bad is unreasonable. For if vicious propensity is, as it were, a disease of the soul like bodily sickness, even as we account the sick in body by no means deserving of hate, but rather of pity, so, and much more, should they be pitied whose minds are assailed by wickedness, which is more frightful than any sickness.'

SONG IV.

THE UNREASONABLENESS OF HATRED.

Why all this furious strife? Oh, why With rash and wilful hand provoke death's destined day? If death ye seek--lo! Death is nigh, Not of their master's will those coursers swift delay!

The wild beasts vent on man their rage, Yet 'gainst their brothers' lives men point the murderous steel; Unjust and cruel wars they wage, And haste with flying darts the death to meet or deal.

No right nor reason can they show; 'Tis but because their lands and laws are not the same. Wouldst thou give each his due; then know Thy love the good must have, the bad thy pity claim.

V.

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topics: courts, trials, and pleading · crime and punishment

The Consolation of Philosophy · Boethius · 523–525