Letter 246: 1. On the subject of Fate and Fortune, by which, as I perceived when I was with you, and as I now know in a more gratifying and more reliable way by your own letter, your mind is seriously disturbed, I ought to write you a considerable volume; the Lord will enable me to explain it in the manner which He knows to be best fitted to preserve your f...

Augustine of HippoLampadius|c. 426 AD|augustine hippo
women
Military conflict; Literary culture; Economic matters

Augustine to Lampadius, greetings.

I received your letter along with the legal question you enclosed. You ask whether a Christian judge may use torture to extract testimony in a criminal case.

This is a question that keeps me awake at night — literally — because I sit in judgment myself, and the practices of Roman law include methods that my faith finds deeply troubling.

Here is what I think. The use of torture in interrogation is one of the great stains on our legal system. A man subjected to unbearable pain will say anything — not because it is true, but because the pain requires him to say something. The innocent confess. The guilty resist if they are strong. The result is not truth but a measure of the victim's capacity for suffering.

And yet: the law permits it. The state requires it. And I, as a judge, am bound by the law of the state as well as the law of God. What do I do when the two conflict?

I do what I can. I minimize the use of torture. I give the accused every opportunity to speak freely before resorting to compulsion. I weep — yes, literally weep — over the cases that come before me, because I know that whatever I decide, someone will suffer.

A Christian judge is a man trapped between two obligations: the obligation to justice, which sometimes demands severity, and the obligation to mercy, which always demands restraint. The tension is not a problem to be solved. It is the permanent condition of a Christian in a fallen world.

Farewell, brother.

Modern English rendering for readability. See the 19th-century translation or original Latin/Greek for scholarly use.

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