Montesquieu
 

VI.18 On pecuniary punishments and corporal punishments

Our fore­fa­thers the Germans allo­wed almost nothing but pecu­niary punish­ments. Those war­like, free men jud­ged that their blood should be shed only with wea­pons in hand. The Japanese,1 on the contrary, reject these sorts of punish­ments, under the pre­text that the rich would elude punish­ment. But do the rich not fear the loss of their pro­perty ? Can pecu­niary penal­ties not be pro­por­tio­nate to for­tu­nes ? And finally, can we not add infamy to those punish­ments ?

A good legis­la­tor takes a happy medium : he does not always order pecu­niary punish­ments, and he does not always impose cor­po­ral punish­ments.

See Kaempfer.