《道德情操论·卷二·论功劳与过失·三之二·论这种影响的限度》第4节
As the merit of an unsuccessful attempt to do good seems thus, in the eyes of ungrateful mankind, to be diminished by the miscarriage, so does likewise the demerit of an unsuccessful attempt to do evil. The design to commit a crime, how clearly soever it may be proved, is scarce ever punished with the same severity as the actual commission of it. The case of treason is perhaps the only exception. That crime immediately affecting the being of the government itself, the government is naturally more jealous of it than of any other. In the punishment of treason, the sovereign resents the injuries which are immediately done to himself: in the punishment of other crimes he resents those which are done to other men. It is his own resentment which he indulges in the one case; it is that of his subjects which by sympathy he enters into in the other. In the first case, therefore, as he judges in his own cause, he is very apt to be more violent and sanguinary in his punishments than the impartial spectator can approve of. His resentment too rises here upon smaller occasions, and does not always, as in other cases, wait for the perpetration of the crime, or even for the attempt to commit it. A treasonable concert, though nothing has been done, or even attempted in consequence of it, nay, a treasonable conversation, is in many countries punished in the same manner as the actual commission of treason. With regard to all other crimes, the mere design, upon which no attempt has followed, is seldom punished at all, and is never punished severely. A criminal design, and a criminal action, it may be said indeed, do not necessarily suppose the same degree of depravity, and ought not therefore to be subjected to the same punishment. We are capable, it may be said, of resolving, and even of taking measures to execute, many things which, when it comes to the point, we feel ourselves altogether incapable of executing. But this reason can have no place when the design has been carried the length of the last attempt. The man, however, who fires a pistol at his enemy but misses him, is punished with death by the laws of scarce any country. By the old law of Scotland, though he should wound him, yet, unless death ensues within a certain time, the assassin is not liable to the last punishment. The resentment of mankind, however, runs so high against this crime, their terror for the man who shows himself capable of committing it is so great, that the mere attempt to {92} commit it ought in all countries to be capital. The attempt to commit smaller crimes is almost always punished very lightly, and sometimes is not punished at all. The thief, whose hand has been caught in his neighbour's pocket before he had taken any thing out of it, is punished with ignominy only. If he had got time to take away an handkerchief, he might have been put to death. The house-breaker, who has been found setting a ladder to his neighbour's window, but had not got into it, is not exposed to the capital punishment. The attempt to ravish is not punished as a rape. The attempt to seduce a married woman is not punished at all, though seduction is punished severely. Our resentment against the person who only attempted to do a mischief, is seldom so strong as to bear us out in inflicting the same punishment upon him, which we should have thought due if he had actually done it. In the one case, the joy of our deliverance alleviates our sense of the atrocity of his conduct; in the other, the grief of our misfortune increases it. His real demerit, however, is undoubtedly the same in both cases, since his intentions were equally criminal; and there is in this respect, therefore an irregularity in the sentiments of all men, and a consequent relaxation of discipline in the laws of, I believe, all nations of the most civilized, as well as of the most barbarous. The humanity of a civilized people disposes them either to dispense with, or to mitigate punishments, wherever their natural indignation is not goaded on by the consequences of the crime. Barbarians, on the other hand, when no actual consequence has happened from any action, are not apt to be very delicate or inquisitive about the motives.
注释摘要
斯密在这一段里把运气对道德判断的影响从善行转向了恶行，论证的结构与他刚讲完的未遂善行完全平行：既然失败的善举在世人眼中会减损功劳，那么失败的恶行同样会减损罪过。他称之为人类情感中的一种不规则性，这种不规则性遍布于所有国家的法律与习俗之中。 他先抛出一个经验观察：犯罪的图谋，无论证据多么确凿，几乎从不受到与实际犯罪同等严厉的惩罚。接着他指出了一个看起来像是例…