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had not the capital punishment for consumption been abolished； I
should certainly inflict it now。
〃It is intolerable that an example of such terrible enormity should
be allowed to go at large unpunished。 Your presence in the society
of respectable people would lead the less able…bodied to think more
lightly of all forms of illness； neither can it be permitted that
you should have the chance of corrupting unborn beings who might
hereafter pester you。 The unborn must not be allowed to come near
you： and this not so much for their protection （for they are our
natural enemies）； as for our own； for since they will not be
utterly gainsaid； it must be seen to that they shall be quartered
upon those who are least likely to corrupt them。
〃But independently of this consideration； and independently of the
physical guilt which attaches itself to a crime so great as yours；
there is yet another reason why we should be unable to show you
mercy； even if we were inclined to do so。 I refer to the existence
of a class of men who lie hidden among us； and who are called
physicians。 Were the severity of the law or the current feeling of
the country to be relaxed never so slightly； these abandoned
persons； who are now compelled to practise secretly and who can be
consulted only at the greatest risk； would become frequent visitors
in every household； their organisation and their intimate
acquaintance with all family secrets would give them a power； both
social and political； which nothing could resist。 The head of the
household would become subordinate to the family doctor； who would
interfere between man and wife； between master and servant； until
the doctors should be the only depositaries of power in the nation；
and have all that we hold precious at their mercy。 A time of
universal dephysicalisation would ensue； medicine…vendors of all
kinds would abound in our streets and advertise in all our
newspapers。 There is one remedy for this； and one only。 It is
that which the laws of this country have long received and acted
upon； and consists in the sternest repression of all diseases
whatsoever； as soon as their existence is made manifest to the eye
of the law。 Would that that eye were far more piercing than it is。
〃But I will enlarge no further upon things that are themselves so
obvious。 You may say that it is not your fault。 The answer is
ready enough at hand； and it amounts to thisthat if you had been
born of healthy and well…to…do parents； and been well taken care of
when you were a child； you would never have offended against the
laws of your country； nor found yourself in your present
disgraceful position。 If you tell me that you had no hand in your
parentage and education； and that it is therefore unjust to lay
these things to your charge； I answer that whether your being in a
consumption is your fault or no； it is a fault in you； and it is my
duty to see that against such faults as this the commonwealth shall
be protected。 You may say that it is your misfortune to be
criminal； I answer that it is your crime to be unfortunate。
〃Lastly； I should point out that even though the jury had acquitted
youa supposition that I cannot seriously entertainI should have
felt it my duty to inflict a sentence hardly less severe than that
which I must pass at present； for the more you had been found
guiltless of the crime imputed to you； the more you would have been
found guilty of one hardly less heinousI mean the crime of having
been maligned unjustly。
〃I do not hesitate therefore to sentence you to imprisonment； with
hard labour； for the rest of your miserable existence。 During that
period I would earnestly entreat you to repent of the wrongs you
have done already； and to entirely reform the constitution of your
whole body。 I entertain but little hope that you will pay
attention to my advice； you are already far too abandoned。 Did it
rest with myself； I should add nothing in mitigation of the
sentence which I have passed； but it is the merciful provision of
the law that even the most hardened criminal shall be allowed some
one of the three official remedies； which is to be prescribed at
the time of his conviction。 I shall therefore order that you
receive two tablespoonfuls of castor oil daily； until the pleasure
of the court be further known。〃
When the sentence was concluded the prisoner acknowledged in a few
scarcely audible words that he was justly punished； and that he had
had a fair trial。 He was then removed to the prison from which he
was never to return。 There was a second attempt at applause when
the judge had finished speaking； but as before it was at once
repressed； and though the feeling of the court was strongly against
the prisoner； there was no show of any violence against him； if one
may except a little hooting from the bystanders when he was being
removed in the prisoners' van。 Indeed； nothing struck me more
during my whole sojourn in the country； than the general respect
for law and order。
CHAPTER XII： MALCONTENTS
I confess that I felt rather unhappy when I got home； and thought
more closely over the trial that I had just witnessed。 For the
time I was carried away by the opinion of those among whom I was。
They had no misgivings about what they were doing。 There did not
seem to be a person in the whole court who had the smallest doubt
but that all was exactly as it should be。 This universal
unsuspecting confidence was imparted by sympathy to myself； in
spite of all my training in opinions so widely different。 So it is
with most of us： that which we observe to be taken as a matter of
course by those around us； we take as a matter of course ourselves。
And after all； it is our duty to do this； save upon grave occasion。
But when I was alone； and began to think the trial over； it
certainly did strike me as betraying a strange and untenable
position。 Had the judge said that he acknowledged the probable
truth； namely； that the prisoner was born of unhealthy parents； or
had been starved in infancy； or had met with some accidents which
had developed consumption； and had he then gone on to say that
though he knew all this； and bitterly regretted that the protection
of society obliged him to inflict additional pain on one who had
suffered so much already； yet that there was no help for it； I
could have understood the position； however mistaken I might have
thought it。 The judge was fully persuaded that the infliction of
pain upon the weak and sickly was the only means of preventing
weakness and sickliness from spreading； and that ten times the
suffering now inflicted upon the accused was eventually warded off
from others by the present apparent severity。 I could therefore
perfectly understand his inflicting whatever pain he might consider
necessary in order to prevent so bad an example from spreading
further and lowering the Erewhonian standard； but it seemed almost
childish to tell the prisoner that he could have been in good
health； if he had been more fortunate in his constitution； and been
exposed to less hardships when he was a boy。
I write with great diffidence； but it seems to me that there is no
unfairness in punishing people for their misfortunes； or rewarding
them for their sheer good luck： it is the normal condition of
human life that this should be done； and no right…minded person
will complain of being subjected to the common treatment。 There is
no alternative open to us。 It is idle to say that men are not
responsible for their misfortunes。 What is responsibility？ Surely
to be responsible means to be liable to have to give an answer
should it be demanded； and all things which live are responsible
for their lives and actions should society see fit to question them
through the mouth of its authorised agent。
What is the offence of a lamb that we should rear it； and tend it；
and lull it into security； for the express purpose of killing it？
Its offence is the misfortune of being something which society
wants to eat； and which cannot defend itself。 This is ample。 Who
shall limit the right of society except society itself？ And what
consideration for the individual