“The fantastical idea of virtue and the public good being a sufficient security to the state against the commission of crimes...was never mine. It is only the sanguinary hue of our penal laws which I meant to object to. Punishments I know are necessary, and I would provide them strict and inflexible, but proportioned to the crime. Death might be inflicted for murder and perhaps for treason, [but I] would take out of the description of treason all crimes which are not such in their nature. Rape, buggery, etc., punish by castration. All other crimes by working on high roads, rivers, gallies, etc., a certain time proportioned to the offence... Laws thus proportionate and mild should never be dispensed with. Let mercy be the character of the lawgiver, but let the judge be a mere machine. The mercies of the law will be dispensed equally and impartially to every description of men; those of the judge or of the executive power will be the eccentric impulses of whimsical, capricious designing man.”

“The law which attempts a man's life [capital punishment] is impractical, unjust, inadmissible. It has never repressed crime--for a second crime is every day committed at the foot of the scaffold.”

“For every crime that comes before him, a judge is required to complete a perfect syllogism in which the major premise must be the general law; the minor, the action that conforms or does not conform to the law; and the conclusion, acquittal or punishment. If the judge were constrained, or if he desired to frame even a single additional syllogism, the door would thereby be opened to uncertainty.”

“Why does my action strike them as so horrible? Is it because it was a crime? What is meant by crime? My conscience is at rest. Of course, it was a legal crime, of course, the letter of the law was broken and blood was shed. Well, punish me for the letter of the law...and that's enough.”

“All our hope rests upon the possibility of a change of the laws which concern it, so that only rape or the comission of public offence, when this can be proved at the same time, shall be punishable.”

“There is no right to punish. There is only the power to punish,' she wrote. 'A man is punished for his crime because the State is stronger than he; the great crime of War is not punished because beyond the individual there is mankind, and beyond mankind there is nothing at all.”