people of Herr Settembrini’s kidney, the doubters and critics, who had made the observation, and brought about the Inquisition, which superseded the old naive procedure. Justice no longer relied on the intervention of God in favour of the truth, but aimed to get it out of the accused by confession. No sentence without confession⁠—you could hear that still among the people, for the instinct lodged deep with them; the chain of evidence might be as strong as it liked, but if there had been no confession, there would remain a lurking feeling that the sentence was illegitimate. But how get at the confession? How procure the truth, out of the mass of circumstance and suspicion? How look into the heart, the brain, of a man who denied and concealed? If the spirit was recalcitrant, there remained the body, which could be got at. The torture was recommended to reason, as a means to an end, the end of bringing out the indispensable confession. But it was Herr Settembrini who had demanded and introduced confession, and he, accordingly, who was responsible for torture.

The humanist implored the others not to believe a word of all this. Herr Naphta was indulging in a diabolical joke. If the position had really been what he said, if it were true that the horrible thing was actually an invention of the human reason, that only showed how grievously she always needed sustaining and enlightening, and how little ground the instinct-worshippers had for their fear that things could ever be too much directed by reason on this earth! But the speaker was of course in error. The judicial abomination they were discussing could not be laid at the door of the human reason, because it went back to an original belief in hell. The rack, the pincers, the screws and tongs you saw in these chambers of torment and martyrdom represented the effort of a childish and deluded fancy to emulate what it piously believed to be the sufferings of the eternally damned. But that was not all. They thought to assist the evildoer, whose spirit they assumed to be wrestling after confession, while his flesh, the evil principle, set itself against the soul’s desire: they had it in mind to do him a service of love, in breaking his body by torture. It was a madness of asceticism⁠—

“How about the ancient Romans⁠—did they harbour the same delusion?”

“The Romans? Ma che!

“But they employed the torture as a judicial instrument.”

Logical impasse. Hans Castorp tried to help out⁠—as if it were his métier to guide such a conversation! Of his own accord, he flung into the arena the question of capital punishment. Torture, he said, was abolished⁠—though examining magistrates still had ways of making an accused person pliable. But the death penalty persisted, it seemed impossible to do without it. It was practised by the most civilized nations. The French system of deportation had worked very badly. There was nothing feasible to do with certain half-human beings, except to make them a head shorter!

They were not “certain half-human beings” Settembrini corrected him. They were men, like the Engineer, like himself, Settembrini⁠—only weak-willed victims of a defective social system. He cited the case of an abandoned criminal, the kind always referred to by the prosecuting attorneys as a “beast in human form,” who had covered the walls of his cell with verse, and not at all bad verse either, much better than most prosecuting attorneys ever managed to write.

That cast a somewhat singular light on the art of verse-writing, Naphta retorted, but was not otherwise worth answering.

Hans Castorp said he was not surprised to hear that Naphta favoured the death penalty. To his mind, Naphta was as revolutionary as Settembrini, only in a conservative direction⁠—a reactionary revolutionist.

Herr Settembrini, with a confident smile, assured them that the world, after passing through a period of inhuman reaction, would always return to the normal order of things. But Herr Naphta preferred to discredit art sooner than admit that it might have a humanizing effect upon a sunken wretch. He need not expect, by such fanatical talk, to make much headway with light-seeking youth. He, Settembrini, had the honour to belong to a newly-formed league, the scope of which was the abolition of capital punishment in all civilized countries. It was not yet settled where the first congress should meet; but one thing was sure, that those who addressed it would have plenty of arguments at hand. He submitted some of them forthwith: the ever-present possibility that justice might err and judicial murder be committed; the hope of reformation, which it was never possible to disregard; the biblical injunction “Vengeance is mine.” Then he referred to the theory that the State, in its function not as the wielder of force, but as the instrument of human betterment, may not repay evil with evil; he attacked the conception of guilt, on the ground of scientific determinism; and lastly, he repudiated the whole theory of punishment.

On top of which “light-seeking youth” had to stand by while Naphta neatly wrung the neck of all these arguments, one after the other. He derided the humanist’s reluctance to shed blood, and his reverence for human life. He said that the latter was characteristic of our intensely bourgeois age, our policy of mollycoddle. Even so, its inconsistency was apparent. For let an idea arise that went beyond considerations of personal safety and well-being⁠—and such ideas were the only ones worthy of human beings, and thus in a higher sense were the normal field of human activity⁠—and the individual would, even under average emotional stress, be sacrificed without scruple to the higher claim. Nay, more: the individual, of his own free will, would expose himself without a thought. The philanthropy of his honoured opponent would eliminate from life all its stern and mortal traits; it would castrate life, as would the determinism of its so-called science. But determinism would never succeed in doing away with the conception of guilt.

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