Professional Documents
Culture Documents
through
the Ages
Fred S. Kleiner
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Art
Thro u g h th e
Ages
A Gl oba l H is tory
VOLUME I
sixteenth edition
fred s. kleiner
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Cengage Learning
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Blanche of Castile, Louis IX, a monk, and a lay scribe, dedication page (folio 8 recto) of a moralized Bible,
from Paris, France, 1226–1234. Ink, tempera, and gold leaf on vellum, 1′ 3″ × 10 12 ″. Pierpont Morgan
Library, New York.
The Florentine poet Dante Alighieri (1265–1321) referred to Paris in his Divine Comedy (ca. 1310–1320) as
the city famed for the art of illumination. During the 13th century, book production shifted from monasteries to
urban workshops of professional artists—and Paris boasted the most and best. These new for-profit secular
businesses sold their products to the royal family, scholars, and prosperous merchants. The Parisian shops
were the forerunners of modern publishing houses.
Not surprisingly, some of the finest extant Gothic books belonged to the French monarchy. One of the
many books the royal family commissioned is a moralized Bible now in the Pierpont Morgan Library. Moralized
Bibles are heavily illustrated, each page pairing paintings of Old and New Testament episodes with explana-
tions of their moral significance. Louis’s mother, Blanche of Castile, ordered the Morgan Bible during her
regency (1226–1234) for her teenage son. The dedication page has a costly gold background and depicts
Blanche and Louis enthroned beneath triple-lobed arches and miniature cityscapes. With vivid gestures,
Blanche instructs the young Louis, underscoring her superior position. Below Blanche and Louis are a monk
and a professional lay scribe. The older clergyman instructs the scribe, who already has divided his page into
two columns of four roundels each, a format often used for the paired illustrations of moralized Bibles.
The identity of the painter of this royal moralized Bible is unknown, but that is the norm in the history
of Western art before the Renaissance of the 14th century, when the modern notion of individual artistic genius
took root. Art through the Ages surveys the art of all periods from prehistory to the present, and worldwide,
and examines how artworks of all kinds have always reflected the historical contexts in which they were
created.
Contents iii
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Preface xi Chapter 11
Early Medieval Europe 319
Introduction
What Is Art History? 1 Chapter 12
Romanesque Europe 347
Chapter 1
Art in the Stone Age 15 Chapter 13
Gothic Europe North of the Alps 381
Chapter 2
Ancient Mesopotamia and Persia 31 Chapter 14
Late Medieval Italy 419
Chapter 3
Egypt from Narmer to Cleopatra 57 Chapter 15
South and Southeast Asia before 1200 443
Chapter 4
Chapter 16
The Prehistoric Aegean 85
China and Korea to 1279 471
Chapter 5
Chapter 17
Ancient Greece 105
Japan before 1333 501
Chapter 6
Chapter 18
The Etruscans 165
Native American Cultures before 1300 519
Chapter 7
Chapter 19
The Roman Empire 181
Africa before 1800 551
Chapter 8
Late Antiquity 237 Notes 566
Chapter 9 Glossary 567
Byzantium 263 Bibliography 582
Chapter 10 Credits 595
The Islamic World 293 Index 599
iv
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Preface xi Mesopotamia 32
Persia 50
Introduction ■ RELIGION AND MYTHOLOGY: The Gods and Goddesses
of Mesopotamia 34
What Is Art History? 1
■ PROBLEMS AND SOLUTIONS: Sumerian Votive Statuary 35
Art History in the 21st Century 2
■ materials and techniques: Mesopotamian Seals 37
Different Ways of Seeing 13 ■ a second opinion: The Standard of Ur 38
v
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Archaic Period 111
7 The Roman Empire 181
Early and High Classical Periods 125
Late Classical Period 144 FRAMING THE ERA The Roman Emperor as World
Conqueror 181
Hellenistic Period 153
Timeline 182
vi Contents
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Contents vii
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Merovingians and Anglo-Saxons 320 ■ Architectural basics: The Romanesque Church Portal 358
viii Contents
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■ RELIGION AND MYTHOLOGY: The Great Schism, Mendicant ■ materials and techniques: Shang Bronze-Casting 474
Orders, and Confraternities 423 ■ a second opinion: Sanxingdui 475
■ a second opinion: Pietro Cavallini 425 ■ materials and techniques: Chinese Jade 476
■ materials and techniques: Fresco Painting 428 ■ materials and techniques: Silk and the Silk Road 477
■ the patron’s voice: Artists’ Guilds, Artistic Commissions, ■ Architectural basics: Chinese Wood Construction 480
and Artists’ Contracts 430
■ artists on aRT: Xie He’s Six Canons 482
■ art and society: Artistic Training in Renaissance
Italy 434 ■ RELIGION AND MYTHOLOGY: Daoism and Confucianism 486
■ PROBLEMS AND SOLUTIONS: Cityscapes and Landscapes as ■ materials and techniques: Chinese Painting Materials
Allegories 436 and Formats 489
Map 14-1 Italy around 1400 420 ■ the patron’s voice: Emperor Huizong’s Auspicious
Cranes 491
THE BIG PICTURE 4 4 1 ■ RELIGION AND MYTHOLOGY: Chan Buddhism 495
■ materials and techniques: The Painted Caves ■ written sources: Woman Writers and Calligraphers at the
of Ajanta 455 Heian Imperial Court 511
■ RELIGION AND MYTHOLOGY: Hinduism and Hindu ■ art and society: Heian and Kamakura Artistic Workshops 514
Iconography 456 Map 17-1 Japan before 1333 502
■ a second opinion: The Ganges River or the Penance
of Arjuna? 459 THE BIG PICTURE 5 1 7
Contents ix
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Map 18-3 Early Native American sites in North America 544 Credits 595
x Contents
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I take great pleasure in introducing the extensively revised and (following similar forays into France, Tuscany, Rome, and Germany
expanded 16th edition of Gardner’s Art through the Ages: A Global for the 14th and 15th editions). MindTap also includes custom vid-
History, which, like the 15th edition, is a hybrid art history eos made on these occasions at each site by Sharon Adams Poore.
textbook—the first, and still the only, introductory survey of the This extraordinary proprietary Cengage archive of visual material
history of art of its kind. This innovative new kind of “Gardner” ranges from ancient temples and aqueducts in Rome and France; to
retains all of the best features of traditional books on paper while medieval, Renaissance, and Baroque churches in England, France,
harnessing 21st-century technology to increase by 25% the number Germany, and Italy and 18th-century landscape architecture in
of works examined—without increasing the size or weight of the England; to such postmodern masterpieces as the Pompidou Center
book itself and at only nominal additional cost to students. and the Louvre Pyramide in Paris, the Neue Staatsgalerie in Stutt-
When Helen Gardner published the first edition of Art through gart, and the Gherkin in London. The 16th edition also features the
the Ages in 1926, she could not have imagined that nearly a century highly acclaimed architectural drawings of John Burge prepared
later, instructors all over the world would still be using her textbook exclusively for Cengage, as well as Google Earth coordinates for all
(available even in a new Chinese edition, the third time this clas- buildings and sites and all known provenances of portal objects.
sic textbook has been translated into Chinese) in their classrooms. Together, these exclusive photographs, videos, and drawings pro-
Indeed, if she were alive today, she would not recognize the book vide readers with a visual feast unavailable anywhere else.
that, even in its traditional form, long ago became—and remains— Once again, scales accompany the photograph of every paint-
the world’s most widely read introduction to the history of art and ing, statue, or other artwork discussed—another innovative feature
architecture. I hope that instructors and students alike will agree of the Gardner text. The scales provide students with a quick and
that this new edition lives up to the venerable Gardner tradition and effective way to visualize how big or small a given artwork is and its
even exceeds their high expectations. relative size compared with other objects in the same chapter and
The 16th edition follows the 15th in incorporating an innova- throughout the book—especially important given that the illus-
tive new online component called MindTaptm, which includes, in trated works vary in size from tiny to colossal.
addition to a host of other features (enumerated below), MindTap Also retained in this edition are the Quick-Review Captions
Bonus Images (with zoom capability) and descriptions of more than (brief synopses of the most significant aspects of each artwork or
300 additional important works of all eras, from prehistory to the building illustrated) that students have found invaluable when pre-
present and worldwide. The printed and online components of the paring for examinations. These extended captions accompany not
hybrid 16th edition are very closely integrated. For example, each only every image in the printed book but also all the digital images
MindTap Bonus Image appears as a thumbnail in the traditional in MindTap, where they are also included in a set of interactive
textbook, with abbreviated caption, to direct readers to MindTap electronic flashcards. Each chapter also again ends with the highly
for additional content, including an in-depth discussion of each popular full-page feature called The Big Picture, which sets forth
image. The integration extends also to the maps, index, glossary, in bullet-point format the most important characteristics of each
and chapter summaries, which seamlessly merge the printed and period or artistic movement discussed in the chapter. Also retained
online information. from the 15th edition are the timelines summarizing the major
artistic and architectural developments during the era treated (again
in bullet-point format for easy review) and a chapter-opening essay
Key Features of called Framing the Era, which discusses a characteristic painting,
sculpture, or building and is illustrated by four photographs.
the 16th Edition Another pedagogical tool not found in any other introductory
In this new edition, in addition to revising the text of every chapter art history textbook is the Before 1300 section that appears at the
to incorporate the latest research and methodological developments beginning of the second volume of the paperbound version of the
and dividing the former chapter on European and American art book. Because many students taking the second half of a survey
from 1900 to 1945 into two chapters, I have added several important course will not have access to Volume I, I have provided a special
features while retaining the basic format and scope of the previous (expanded) set of concise primers on architectural terminology
edition. Once again, the hybrid Gardner boasts roughly 1,700 pho- and construction methods in the ancient and medieval worlds,
tographs, plans, and drawings, nearly all in color and reproduced and on mythology and religion—information that is essential for
according to the highest standards of clarity and color fidelity, understanding the history of art after 1300 in both the West and
including hundreds of new images, among them a new series of the East. The subjects of these special essays are Greco-Roman
superb photos taken by Jonathan Poore exclusively for Art through Temple Design and the Classical Orders; Arches and Vaults; Basili-
the Ages during a photographic campaign in England in 2016 can Churches; Central-Plan Churches; the Gods and Goddesses
xi
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xii Preface
Copyright 2020 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. WCN 02-200-203
Fred S. Kleiner
Fred S. Kleiner (Ph.D., Columbia University) has been the author or coauthor of Gardner’s Art through the
Ages beginning with the 10th edition in 1995. He has also published more than a hundred books, articles,
and reviews on Greek and Roman art and architecture, including A History of Roman Art, also published by
Cengage Learning. Both Art through the Ages and the book on Roman art have been awarded Texty prizes as the
outstanding college textbook of the year in the humanities and social sciences, in 2001 and 2007, respectively. Pro-
fessor Kleiner has taught the art history survey course since 1975, first at the University of Virginia and, since 1978,
at Boston University, where he is currently professor of the history of art and architecture and classical archaeology
and has served as department chair for five terms, most recently from 2005 to 2014. From 1985 to 1998, he was
editor-in-chief of the American Journal of Archaeology.
Long acclaimed for his inspiring lectures and devotion to students, Professor Kleiner won Boston University’s
Metcalf Award for Excellence in Teaching as well as the College Prize for Undergraduate Advising in the Humanities
in 2002, and he is a two-time winner of the Distinguished Teaching Prize in the College of Arts & Sciences Honors
Program. In 2007, he was elected a Fellow of the Society of Antiquaries of London, and, in 2009, in recognition of
lifetime achievement in publication and teaching, a Fellow of the Text and Academic Authors Association.
Also by Fred Kleiner: A History of Roman Art, Second Edition (Cengage Learning 2018; ISBN
9781337279505), winner of the 2007 Texty Prize for a new college textbook in the humanities and social sciences.
In this authoritative and lavishly illustrated volume, Professor Kleiner traces the development of Roman art and
architecture from Romulus’s foundation of Rome in the eighth century bce to the death of Constantine in the fourth
century ce, with special chapters devoted to Pompeii and Herculaneum, Ostia, funerary and provincial art and
architecture, and the earliest Christian art, with an introductory chapter on the art and architecture of the Etruscans
and of the Greeks of South Italy and Sicily.
xiv Preface
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xv
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1 in.
I-1b What tools and techniques did this sculptor employ to transform molten
bronze into this altar representing a Benin king and his attendants projecting in
high relief from the background plane?
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1
Copyright 2020 Cengage Learning. All Rights Reserved. May not be copied, scanned, or duplicated, in whole or in part. WCN 02-200-203
1 in. Who Paid for It? The interest that many art historians show
in attribution reflects their conviction that the identity of an art-
work’s maker is the major reason why the object looks the way it
does. For them, personal style is of paramount importance. But
I-9 Albrecht Dürer, The Four Horsemen of the Apocalypse,
in many times and places, artists had little to say about what form
ca. 1498. Woodcut, 1′ 3 14″ × 11″. Metropolitan Museum of Art,
their work would take. They toiled in obscurity, doing the bidding
New York (gift of Junius S. Morgan, 1919).
of their patrons, those who paid them to make individual works or
Personifications are abstract ideas codified in human form. Here, Albrecht employed them on a continuing basis. The role of patrons in dictat-
Dürer represented Death, Famine, War, and Pestilence as four men on ing the content and shaping the form of artworks is also an impor-
charging horses, each one carrying an identifying attribute. tant subject of art historical inquiry.
In the art of portraiture, to name only one category of painting
in The Four Horsemen of the Apocalypse (fig. I-9) by German art- and sculpture, the patron has often played a dominant role in decid-
ist Albrecht Dürer (1471–1528). The late-15th-century print is ing how the artist represented the subject, whether that person was
a terrifying depiction of the fateful day at the end of time when, the patron or another individual, such as a spouse, son, or mother.
according to the Bible’s last book, Death, Famine, War, and Pesti- Many Egyptian pharaohs (for example, fig. 3-13) and some Roman
lence will annihilate the human race. Dürer personified Death as an emperors insisted that artists depict them with unlined faces and per-
emaciated old man with a pitchfork. Famine swings the scales for fect youthful bodies no matter how old they were when portrayed. In
weighing human souls (compare fig. I-7). War wields a sword, and these cases, the state employed the sculptors and painters, and the
Pestilence draws a bow. artists had no choice but to portray their patrons in the officially
Even without considering style and without knowing a work’s approved manner. This is why Augustus, who lived to age 76, looks
maker, informed viewers can determine much about the work’s so young in his portraits (fig. I-10; compare fig. 7-27). Although
period and provenance by iconographical and subject analysis alone. Roman emperor for more than 40 years, Augustus demanded that
In The Passion of Sacco and Vanzetti (fig. I-6), for example, the two artists always represent him as a young, godlike head of state.
coffins, the trio headed by an academic, and the robed judge in the All modes of artistic production reveal the impact of patron-
background are all pictorial clues revealing the painting’s subject. The age. Learned monks provided the themes for the sculptural decora-
work’s date must be after the trial and execution (the terminus post tion of medieval church portals (fig. I-7). Renaissance princes and
quem), probably while the event was still newsworthy. And because popes dictated the subject, size, and materials of artworks destined
the two men’s deaths caused the greatest outrage in the United States, for display in buildings also constructed according to their specifica-
the painter–social critic was probably an American. tions. An art historian could make a very long list of commissioned
works, and it would indicate that patrons have had diverse tastes
Who Made It? If Ben Shahn had not signed his painting of Sacco and needs throughout history and consequently have demanded
and Vanzetti, an art historian could still assign, or attribute (make different kinds of art. Whenever a patron contracts with an artist or
an attribution of), the work to him based on knowledge of the art- architect to paint, sculpt, or build in a prescribed manner, personal
ist’s personal style. Although signing (and dating) works is quite style often becomes a very minor factor in the ultimate appearance
1 ft.
a six-part folding screen, Ogata Korin (1658–1716) ignored these less concerned with locating the boulders and waves and clouds in
Western “tricks” for representing deep space on a flat surface. A space than with composing shapes on a surface, playing the swell-
Western viewer might interpret the left half of Korin’s composi- ing curves of waves and clouds against the jagged contours of the
tion as depicting the distant horizon, as in the French painting, but rocks. Neither the French nor the Japanese painting can be said to
the sky is an unnatural gold, and the clouds filling that unnaturally project “correctly” what viewers “in fact” see. One painting is not
colored sky are almost indistinguishable from the waves below. a “better” picture of the world than the other. The European and
The rocky outcroppings decrease in size with distance, but all are Asian artists simply approached the problem of picture making
in sharp focus, and there are no shadows. The Japanese artist was differently.
1 ft.
I-13 Ogata Korin, Waves at Matsushima, Edo period, Japan, ca. 1700–1716. Six-panel folding screen, ink, colors,
and gold leaf on paper, 4′ 11 18″ × 12′ 78″. Museum of Fine Arts, Boston (Fenollosa-Weld Collection).
Asian artists rarely employed Western perspective (fig. I-12). Korin was more concerned with creating an intriguing composition
of shapes on a surface than with locating boulders, waves, and clouds in space.
Foreshortening—the representation
of a figure or object at an angle to the
picture plane—is a common device
in Western art for creating the illusion
of depth. Foreshortening is a type of
perspective.
1 in.
1 ft.
I-17 Head of a warrior, detail of a statue (fig. 5-36) from the sea off
I-16 Michelangelo Buonarroti, unfinished statue, 1527–1528. Riace, Italy, ca. 460–450 bce. Bronze, full statue 6′ 6″ high. Museo
Marble, 8′ 7 12″ high. Galleria dell’Accademia, Florence. Archeologico Nazionale, Reggio Calabria.
Carving a freestanding figure from stone or wood is a subtractive process. The sculptor of this life-size statue of a bearded Greek warrior cast the
Michelangelo thought of sculpture as a process of “liberating” the statue head, limbs, torso, hands, and feet in separate molds, then welded the
contained within the block of marble. pieces together and added the eyes in a different material.
The view which has been taken of the subject by Beccaria and
other modern writers appears to be erroneous or defective in some of
the most important circumstances relating to this question.
First objection. It is assumed as a general maxim, that, ‘it is not the
intensity of punishment, but its duration, which makes the greatest
impression on the human mind.’
This maxim will be found to be in direct opposition to all
experience, and to every principle of human nature. It supposes that
a number of impressions, feeble in themselves, and dissipated over a
long interval of time, produce a stronger effect upon the mind, than a
single object, however powerful and striking, presented to it at once:
that is, that the passions are excited more by reason than
imagination, by the real, than by the apparent quantity of good or
evil. This principle is indeed, in general, denied by Mr. Bentham, but
admitted by him, as far as relates to the influence of the fear of death
on malefactors. If it be true with respect to them in particular (which
there is reason to doubt,) it is not because the fear of a continued
punishment influences them more than the fear of an intense one,
but because death is to them not an intense punishment.
Again, it has been said, that ‘crimes are more effectually prevented
by the certainty than by the severity of the punishment.’ Now I
cannot think that this is either self-evident, or true universally and in
the abstract. It is not true of human nature in general, and it is still
less so as applied to the more lawless and abandoned classes of the
community. It is evident from the very character of such persons,
that if they are not to be acted upon by violent motives, by what
appeals strongly to their imagination and their passions, they cannot
be acted upon at all, they are out of the reach of all moral discipline.
The dull, sober certainties of common life, and the real consequences
of things when set in competition with any favourite inclination, or
vicious indulgence, they altogether despise. It is only when the
certainty of punishment is immediate, obvious, and connected with
circumstances, which strike upon the imagination, that it operates
effectually in the prevention of crimes. This principle is however
true, as it has been sometimes applied to cases where the law has
become a dead letter. When a moderate punishment is strictly and
vigorously enforced, and a severe punishment is as generally and
systematically evaded, the mind will, undoubtedly, be more affected
by what it considers as a serious reality, than by what it will regard
as an idle threat. So far the principle is true in its application, but no
farther.
First maxim. It is not the real, but the apparent severity of the
punishment which most effectually deters from the commission of
crimes. For this reason, an intense punishment will have more effect
than a continued one, because more easily apprehended. Neither is
the certainty of punishment to be depended on, except when it is
apparent. It is not the calculation of consequences, but their
involuntary and irresistible impression on the mind that produces
action. The laws to prevent crimes must appeal to the passions of
men, and not to their reason: for crimes proceed from passion, and
not from reason. If men were governed by reason, laws would be
unnecessary.
Second objection. It seems to be taken for granted by speculative
writers, (at least the contrary is not stated with sufficient
distinctness) that punishment operates by terror alone, or by the fear
which each individual has of the consequences to himself.
It is indeed a prevailing maxim of philosophy, that self-interest is
the sole spring of action, and it has thus probably been inferred, that
the fear of punishment could only operate on this principle of cool,
calculating self-interest. But it is quite certain that sympathy with
others, whatever may be its origin, is, practically speaking, an
independent and powerful principle of action. The opinions and
feelings of others do actually and constantly influence our conduct,
in opposition to our strongest interests and inclinations. That
punishment, therefore, will not be the most dreaded, nor,
consequently, the most effectual, which is the greatest to the
individual, unless it is at the same time thought so by others, and
expresses the greatest general disapprobation of the crime. Thus,
though a malefactor, consulting only his own inclinations or feelings,
might prefer death to perpetual imprisonment and hard labour, yet
he may regard it as the worst of punishments, in as far as it
demonstrates the greatest abhorrence and indignation in the
community against the crime.
Second maxim. Punishment operates by sympathy, as well as by
terror. Penal laws have a tendency to repress crimes not more by
exciting a dread of the consequences, than by marking the strong
sense entertained by others of their enormity, and the detestation in
which they are held by mankind in general. The most severe laws will
always be the most effectual, as long as they are expressions of the
public sentiment; but they will become ineffectual, in proportion as
the sentiment is wanting. The disproportion between the crime and
the punishment in the public opinion, will then counteract the dread
of the severity of the law. Setting this feeling aside, the most severe
laws will be the most effectual. The argument drawn from the
inefficacy of severe punishments, when inflicted on trifling or
common offences, does not prove that they must be ineffectual, when
applied to great crimes, which rouse the public indignation and
justify the severity.
Third objection. It is farther implied in the foregoing statements,
that the only object of punishment is to prevent actual crimes, or that
those laws are the best, which most effectually answer this end by
deterring criminals.
This I also conceive to be a narrow and imperfect view of the
question, which respects not merely the motives and conduct of
criminals, but the motives and sentiments of the community at large.
It is of the first importance that the ill disposed should be coerced,
but it is also of importance that they should be coerced in such a
manner, and by such means, as it is most consistent with the public
morals to employ. In defending the state, we are not to forget that
the state ought to be worth defending. As the sentiments of society
have a powerful effect in enforcing the laws, so the laws re-act
powerfully on the sentiments of society. This is evident with respect
to barbarous punishments. The evil of a law operating in this way on
manners, by holding out an example of cruelty and injustice,
however effectual it might be found, is not denied. In like manner, a
law falling short of or disappointing the just indignation and moral
sense of the community, is, for the same reason, faulty as one that
exceeds and outrages it. One end of punishment, therefore, is to
satisfy this natural sense of justice in the public mind, and to
strengthen the opinion of the community by its act. As the arm of
justice ought not to be mocked and baffled by the impunity of
offences, so neither ought it to be unnerved by thwarting and
prevaricating with the common sentiments of mankind, or by
substituting remote, indirect, and artificial punishments for obvious
and direct ones. I call a punishment natural when it is dictated by the
passion excited against the crime. A punishment will therefore be the
most beneficial when it arises out of, and co-operates with that
strong sense of right or wrong, that firm and healthy tone of public
sentiment, which is the best preservative against crime.
Illustration. Thus even if it were shewn that perpetual
imprisonment and hard labour would be equally effectual in
deterring malefactors from the commission of murder, it would by
no means necessarily follow, that this mode of punishment would be
preferable to capital punishment, unless it could at the same time be
made to appear that it would equally enforce the principle of the
connexion between the crime and the punishment, or the rule of
natural justice, by which he who shews himself indifferent to the life
of another, forfeits his own. There is a natural and home-felt
connexion between the hardened obduracy which has shewn itself
insensible to the cries of another for mercy and the immediate burst
of indignation which dooms the criminal to feel that he has no claims
on the pity of others: but there is no connexion, because there is no
ascertainable proportion, in the mind either of the criminal or the
public, between the original crime, and the additional half-hour in
the day after the lapse of twenty years, which the malefactor is
condemned to labour, or the lash of the whip which urges him to
complete his heavy task. That reasoning which stops the torrent of
public indignation, and diverts it from its object only to dole it out to
its miserable victim, drop by drop, and day by day, through a long
protracted series of time with systematic, deliberate, unrelenting
severity, is in fact neither wise nor humane. Punishments of this kind
may be so contrived as to intimidate the worst part of mankind, but
they will also be the aversion of the best, and will confound and warp
the plain distinctions between right and wrong.
Third maxim. The end of punishment is not only to prevent actual
crimes, but to form a standard of public opinion, and to confirm and
sanction the moral sentiments of the community. The mode and
degree of the punishment ought, therefore, to be determined with a
view to this object, as well as with a view to the regulation of the
police.
Fourth objection. The theory here alluded to, is farther
objectionable in this, that it makes familiarity with the punishment
essential to its efficacy, and therefore recommends those
punishments, the example of which is the most lasting, and, as it
were, constantly before the eyes of the public, as the most salutary.
On the contrary, those punishments are the best which require the
least previous familiarity with objects of guilt and misery to make
them formidable, which come least into contact with the mind, which
tell at a distance, the bare mention of which startles the ear, which
operate by an imaginary instead of an habitual dread, and which
produce their effect once for all, without destroying the erectness and
elasticity of social feeling by the constant spectacle of the
degradation of the species. No one would wish to have a gibbet
placed before his door, to deter his neighbours from robbing him.
Punishments which require repeated ocular inspection of the evils
which they occasion, cannot answer their end in deterring
individuals, without having first operated as a penance on society.
They are a public benefit only so far as they are a public nuisance.
Laws framed entirely on this principle, would convert the world into
a large prison, and divide mankind into two classes, felons and their
keepers!
Maxim fourth. Those punishments are the best which produce the
strongest apprehension, with the least actual suffering or
contemplation of evil. Such is in general the effect of those
punishments which appeal to the imagination, rather than to our
physical experience; which are immediately connected with a
principle of honour, with the passions in general, with natural
antipathies, the fear of pain, the fear of death, etc. These
punishments are, in Mr. Bentham’s phrase, the most economical;
they do their work with the least expense of individual suffering, or
abuse of public sympathy. Private punishments are, so far, preferable
to public ones.
General inference. There ought to be a gradation of punishments
proportioned to the offence, and adapted to the state of society.
In order to strike the imagination and excite terror, severe
punishments ought not to be common.[66]
To be effectual, from the sympathy of mankind in the justice of the
sentence, the highest punishments ought not to be assigned to the
lowest or to very different degrees of guilt. The absence of the
sanction of public opinion not only deadens the execution of the law,
but by giving confidence to the offender, produces that sort of
resistance to it, which is always made to oppression. The ignominy
attached to the sentence of the law, is thus converted into pity. If the
law is enacted but not enforced, this must either be to such a degree
as to take away the terror of the law, or if the terror still remains, it
will be a terror of injustice, which will necessarily impair the sense of
right and wrong in the community. But if the law is regularly carried
into execution, the effect will be still worse. In general, all laws are
bad which are not seconded by the manners of the people, and laws
are not in conformity with the manners of the people when they are
not executed. This is the case at present with a great proportion of
the English laws. Is it to be wondered at that they should be so?
Manners have changed, and will always change insensibly, and
irresistibly, from the force of circumstances. The laws, as things of
positive institution, remain the same. So that without a constant,
gradual assimilation of the laws to the manners, the manners will, in
time, necessarily become at variance with the laws, and will render
them odious, ineffectual, and mischievous—a clog, instead of a
furtherance to the wheels of justice.
NOTES
FUGITIVE WRITINGS
THE FIGHT
First republished in Literary Remains, vol. II. p. 193. For another
account of the fight and, more particularly, of the journey home, see
P. G. Patmore’s My Friends and Acquaintance, III. 41, et seq. The
fight (between Hickman, the ‘Gas-man’ and Bill Neat) took place on
Dec. 11, 1821. For an account of Tom Hickman (who was thrown
from a chaise and killed in the following December) see Pierce Egan’s
Boxiana, where particulars will be found of all the ‘Fancy’ heroes
referred to by Hazlitt in this essay.
PAG
E ‘The fight,’ etc. Cf. Hamlet, Act II. Sc. 2.
1. Jack Randall’s. Cf. vol. VI. (Table-Talk), note to p. 202.