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Judging the Criminal and his Judge.—The criminal, who knows the whole concatenation of circumstances, does not consider his act so far beyond the bounds of order and comprehension as does his judge. His punishment, however, is measured by the degree of astonishment that seizes the judge when he finds the crime incomprehensible.—If the defending counsel's knowledge of the case and its previous history extends far enough, the so-called extenuating circumstances which he duly pleads must end by absolving his client from all guilt. Or, to put it more plainly, the advocate will, step by step, tone down and finally remove the astonishment of the judge, by forcing every honest listener to the tacit avowal, “He was bound to act as he did, and if we punished, we should be punishing eternal Necessity.”—Measuring the punishment by the degree of knowledge we possess or can obtain of the previous history of the crime—is that not in conflict with all equity?
Judging the Criminal and his Judge.—The criminal, who knows the whole concatenation of circumstances, does not consider his act so far beyond the bounds of order and comprehension as does his judge. His punishment, however, is measured by the degree of astonishment that seizes the judge when he finds the crime incomprehensible.—If the defending counsel's knowledge of the case and its previous history extends far enough, the so-called extenuating circumstances which he duly pleads must end by absolving his client from all guilt. Or, to put it more plainly, the advocate will, step by step, tone down and finally remove the astonishment of the judge, by forcing every honest listener to the tacit avowal, “He was bound to act as he did, and if we punished, we should be punishing eternal Necessity.”—Measuring the punishment by the degree of knowledge we possess or can obtain of the previous history of the crime—is that not in conflict with all equity?
Approximate author period: c. 1872 AD · industrial
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- Author or tradition
- Friedrich Nietzsche
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- Approximate author period: c. 1872 AD · industrial
author lifetime midpoint (1844–1900); not quotation composition date
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- Human, All-Too-Human, Part 2 (1913 English edition) (1913 AD)
The Wanderer and His Shadow, complete printed aphorism 24; Paul V. Cohn translation; New York: The MacMillan Company,1913
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Author of Human, All-Too-Human, here represented by complete numbered passages in Helen Zimmern’s 1909 and Paul V. Cohn’s 1913 English editions. Catalogue lifetime 1844–1900; historical philosophical arguments and dated viewpoints require context, rather than treating every sentence as general advice.
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