Crime & punishment > Essay on crimes and punishments

Crimes and Punishments. 173;
in the bread: of a mother, that it ought to be
prefumed. The law in the country of which I
am fpeaking, is, indeed, pofitively againft her.
But is it not an unjuft, inhuman, and pernicious
law? Unjuji, becaufe it makes no diftinftion
between her who murders, and her who aban¬
dons her infant; inhuman, becaufe it punifhes
with death a too great delire of concealing a
weaknefs 5 pernicious, becaufe it deprives the
ftate of a fruitful fubjedt, in a country that
wants inhabitants.
Charity hath not yet eftablilhed, in that na¬
tion, houfes of reception for expofed infants.
Where charity is wanting, the law is always
cruel. It were much better to prevent, than to
think only of punilhing thefe frequent misfor¬
tunes. The proper objeff of jurifprudence is,
to hinder the commilfion of crimes, rather than
condemn to death a weak woman, when it is
evident that her tranlgrellion was unattended
with malice, and that ftie hath already been fe-
verely punifhed by the pangs of her own heart.
Infure, as far as polftble, a refource to thofe
who lhall be tempted to do evil, and you will,
have lefs to punifli.
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