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علوم اجتماعی و جامعه شناسی::
قانونگان کیفری
At the same time, the quantity of punishment to be imposed should be propor- tionate to the crime committed (to prevent unnecessary excesses) and determined in advance in penal codes written by these 'dispassionate students of human nature', rather than left to the discretion and whims of judges: 'when a fixed code of laws, which must be observed to the letter, leaves no further care to the judge than to examine the acts of citizens and to decide whether or not they conform to the law as written: when the standard of the just or the unjust, which is to be the norm of conduct for all; then only are citizens not subject to the petty tyrannies of the many which are the more cruel as the distance between the oppressed and the oppressor is less, and which are far more fatal than that of a single man, for the despotism of many can only be corrected by the despotism of one; the cruelty of a single despot is proportional, not to his might, but to the obstacles he encounters' (ibid.
In Finland, the decision on whether the de facto abolition of the death penalty that had been in place since the 1820s should become de iure periodically resurfaced, as successive law reform commissions resumed their work on drafting the penal code.
These Enlightenment principles were then built into the penal codes that the respective Nordic law commissions drew up during the nineteenth and early twentieth century: codification was essential to ensure that the quantity of punishment was determined by experts at this stage, rather than judges presiding in a particular case: the Nordic judges had no right (nor did they claim any such right anyway, given the different juridical cultures of these societies) to stand between government intentions and policy development.
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