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Daily Inspiration Quote by William Blackstone

"Punishments of unreasonable severity, especially where indiscriminately afflicted, have less effect in preventing crimes, and amending the manners of a people, than such as are more merciful in general, yet properly intermixed with due distinctions of severity"

About this Quote

Blackstone is doing something slyly radical for a judge: he’s making mercy sound like the hard-nosed, results-driven option. In an era when the “Bloody Code” still hung over England - a legal regime that could treat theft as a hanging matter - he argues that terror isn’t a deterrent so much as a blunt instrument that eventually stops cutting. Excessive punishment, especially when “indiscriminately afflicted,” doesn’t discipline a society; it numbs it.

The intent is pragmatic, not sentimental. Blackstone frames severity as a policy failure: overuse turns punishment into background noise, and the public learns to resist, evade, or simply disbelieve the law. The subtext is a critique of legal theater. When the state relies on spectacular cruelty, it’s admitting it can’t govern through legitimacy, prevention, or proportional rules. People don’t “amend their manners” because they fear the gallows; they amend them when the system feels predictable, targeted, and morally intelligible.

His key move is the phrase “properly intermixed with due distinctions of severity.” Mercy isn’t an abolitionist gesture here; it’s calibration. He’s defending a ladder of consequences that tracks degrees of harm and culpability - a concept that modern readers recognize as proportionality, but that was still contested against punitive tradition. The context is Enlightenment legal reform (think Beccaria’s influence) creeping into common-law self-confidence: the law should not just punish, but persuade. Blackstone’s conservatism shows in the compromise, yet the moral pressure is clear: indiscriminate harshness is not strength; it’s a confession of administrative and ethical weakness.

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TopicJustice
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Blackstone: Mercy and Proportionality in Punishment
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About the Author

William Blackstone

William Blackstone (July 10, 1723 - February 14, 1780) was a Judge from England.

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