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Salient. An Organ of Student Opinion at Victoria University College, Wellington N.Z. Vol. 21, No. 4. April 23, 1958

[Introduction]

The Government attends primarily to the material welfare of the community. Its legislation regulates the social relationship between the citizens.

Civil Law deals with problems of a minor nature: when the private interests of two individuals are at variance, the parties involved may take legal action. Should they prefer to settle the matter privately, they are perfectly free to do so.

On the other hand if interests of more serious nature are at stake which affect the community as a whole, the Crown might prosecute the offender in the name of Social Justice. The criminal is a social danger, against whom the Criminal Law endeavours to protect the security of the nation.

A civilised country respects the individual freedom of its citizens providing that it does not clash with the welfare of the community. As long as a person outwardly behaves himself in his dealings with his fellow men, the Government should not interfere with his private life. His way of thinking, his religion and ethical views are his own responsibilities. Morality affects man's conscience; if a person commits a sin, Ethic Justice imposes a punishment which lies in remorse.

Nevertheless the supporters of capital punishment believe that the Government should act as an instrument of Ethic Justice. The death penalty is the absolute demand resulting from a positive moral attitude. Because a life has been taken, it is decided that another life be taken in revenge after the principle "a life for a life". The nature of capital punishment is considered to be retribution for an ethic guilt.

However, such moralization does not come within the jurisdiction of Social Justice: the Criminal Law has a function to fulfil of a protective nature only.

The community can be effectively protected by lifelong imprisonment of the murderer, if necessary.