“...That the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament; That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.” English Bill of Rights (1689). “The law shall provide for such punishments only as are strictly and obviously necessary, and no one shall suffer punishment except it be legally inflicted in virtue of a law passed and promulgated before the commission of the offense.” Declaration of the Rights of Man, France, 1789. “Article 5. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.” Universal Declaration of Human Rights, United Nations General Assembly, Paris, 1948. And US Eighth Amendment promises that cruel and unusual punishments shall not be inflicted. "Cruel", in English and in law, means excessive. It also means more than is required. If someone is bullying you at school, everyone would agree you should defend yourself. But you shouldn't then kick them in the shins. Because that would be "cruel". But what is necessary to maintain order and enforce rights has changed over time. And in the past, times were brutal, and so were the people living then. And sometimes punishments were just used for the selfish ends of the people in power. In 1541, Henry VIII made witchcraft a felony, and a form of treason, with his Witchcraft Act. As a result many people, usually old and poor women, were put to death. People usually later agree that the excessive force they used wasn't only wrong, it was unnecessary. But what people agree on, is that force should never be more than what is needed. And there shouldn't be two systems of justice. One official, and one wrong but tolerated. Like when prisoners are abused and neglected like they often are in US prisons. And certain groups, like the mentally ill, should be excused if they weren't in any way responsible for what they did. Or given a lesser sentence, if their mental condition led to the crime, or their situation was filled of tragedies to begin with.
Views of justice change yes, and America flourished with those seeking freedom from the Church, Monarchy, and the Mob. Self evident truths of shedding the shackles of bullydom on the recess playgrounds... I ask you "Did not this shining example of horse assery deserve a kick in the shins which I did deliver forthwith?" "Might the indignity of suffering a Saturday detention costing me a chance with Shirley Dempsey! Yes Shirley Dempsey! How shall I receive recompense for my defending the rights of all those given Charlie Horses by Radnall Fraqqs reign of terror while the teacher did Avert her eyes to tend to another one of Gretchen Frecks sneezing fits! Turning only to see me kick the shins of this dictatorial menace narey noticing the path of destruction left behind by the madman Fraqqs with what is affectionately called now the shin kick heard round the Merry go whirl." I ask you brothers... Sisters... Shirley Dempsey... Is there no justice left in the whirl?
