" But although the
application may not in all cases be possible according to the
letter, yet as regards the effect it may always be attained in
practice, by due regard being given to the disposition and sentiment
of the parties in the higher social sphere. Thus a pecuniary penalty
on account of a verbal injury may have no direct proportion to the
injustice of slander; for one who is wealthy may be able to indulge
himself in this offence for his own gratification. Yet the attack
committed on the honour of the party aggrieved may have its equivalent
in the pain inflicted upon the pride of the aggressor, especially if
he is condemned by the judgement of the court, not only to retract and
apologize, but to submit to some meaner ordeal, as kissing the hand of
the injured person. In like manner, if a man of the highest rank has
violently assaulted an innocent citizen of the lower orders, he may be
condemned not only to apologize but to undergo a solitary and
painful imprisonment, whereby, in addition to the discomfort
endured, the vanity of the offender would be painfully affected, and
the very shame of his position would constitute an adequate
retaliation after the principle of "like with like." But how then
would we render the statement: "If you steal from another, you steal
from yourself?" In this way, that whoever steals anything makes the
property of all insecure; he therefore robs himself of all security in
property, according to the right of retaliation.
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