that this question touched him very nearly。 〃I should advise you
to consider this question well before attempting to solve it
practically。〃
〃Are you speaking of my personal affairs？〃
〃Yes； I hold that we who are placed in special circumstances
should bear the responsibilities which spring from those
circumstances； should uphold the conditions in which we were
born； and which we have inherited from our predecessors； and
which we ought to pass on to our descendants。〃
〃I consider it my duty〃
〃Wait a bit；〃 said Rogozhinsky； not permitting the interruption。
〃I am not speaking for myself or my children。 The position of my
children is assured； and I earn enough for us to live
comfortably； and I expect my children will live so too； so that
my interest in your actionwhich； if you will allow me to say
so； is not well consideredis not based on personal motives； it
is on principle that I cannot agree with you。 I should advise you
to think it well over； to read…？〃
〃Please allow me to settle my affairs； and to choose what to read
and what not to read； myself；〃 said Nekhludoff； turning pale。
Feeling his hands grow cold； and that he was no longer master of
himself； he stopped； and began drinking his tea。
CHAPTER XXXIII。
THE AIM OF THE LAW。
〃Well； and how are the children？〃 Nekhludoff asked his sister
when he was calmer。 The sister told him about the children。 She
said they were staying with their grandmother （their father's
mother）； and； pleased that his dispute with her husband had come
to an end； she began telling him how her children played that
they were travelling； just as he used to do with his three dolls；
one of them a negro and another which he called the French lady。
〃Can you really remember it all？〃 said Nekhludoff； smiling。
〃Yes； and just fancy； they play in the very same way。〃
The unpleasant conversation had been brought to an end； and
Nathalie was quieter； but she did not care to talk in her
husband's presence of what could be comprehensible only to her
brother； so； wishing to start a general conversation； she began
talking about the sorrow of Kamenski's mother at losing her only
son； who had fallen in a duel； for this Petersburg topic of the
day had now reached Moscow。 Rogozhinsky expressed disapproval at
the state of things that excluded murder in a duel from the
ordinary criminal offences。 This remark evoked a rejoinder from
Nekhludoff； and a new dispute arose on the subject。 Nothing was
fully explained； neither of the antagonists expressed all he had
in his mind； each keeping to his conviction； which condemned the
other。 Rogozhinsky felt that Nekhludoff condemned him and
despised his activity； and he wished to show him the injustice of
his opinions。
Nekhludoff； on the other hand； felt provoked by his
brother…in…law's interference in his affairs concerning the land。
And knowing in his heart of hearts that his sister； her husband；
and their children； as his heirs； had a right to do so； was
indignant that this narrow…minded man persisted with calm
assurance to regard as just and lawful what Nekhludoff no longer
doubted was folly and crime。
This man's arrogance annoyed Nekhludoff。
〃What could the law do？〃 he asked。
〃It could sentence one of the two duellists to the mines like an
ordinary murderer。〃
Nekhludoff's hands grew cold。
〃Well； and what good would that be？〃 he asked； hotly。
〃It would be just。〃
〃As if justice were the aim of the law；〃 said Nekhludoff。
〃What else？〃
〃The upholding of class interests！ I think the law is only an
instrument for upholding the existing order of things beneficial
to our class。〃
〃This is a perfectly new view；〃 said Rogozhinsky with a quiet
smile； 〃the law is generally supposed to have a totally different
aim。〃
〃Yes； so it has in theory but not in practice； as I have found
out。 The law aims only at preserving the present state of things；
and therefore it persecutes and executes those who stand above
the ordinary level and wish to raise itthe so…called political
prisoners； as well as those who are below the averagethe
so…called criminal types。〃
〃I do not agree with you。 In the first place； I cannot admit that
the criminals classed as political are punished because they are
above the average。 In most cases they are the refuse of society；
just as much perverted； though in a different way； as the
criminal types whom you consider below the average。〃
〃But I happen to know men who are morally far above their judges；
all the sectarians are moral； from〃
But Rogozhinsky； a man not accustomed to be interrupted when he
spoke； did not listen to Nekhludoff； but went on talking at the
same time； thereby irritating him still more。
〃Nor can I admit that the object of the law is the upholding of
the present state of things。 The law aims at reforming〃
〃A nice kind of reform； in a prison！〃 Nekhludoff put in。
〃Or removing；〃 Rogozhinsky went on； persistently； 〃the perverted
and brutalised persons that threaten society。〃
〃That's just what it doesn't do。 Society has not the means of
doing either the one thing or the other。〃
〃How is that？ I don't understand；〃 said Rogozhinsky with a forced
smile。
〃I mean that only two reasonable kinds of punishment exist。 Those
used in the old days： corporal and capital punishment； which； as
human nature gradually softens； come more and more into disuse；〃
said Nekhludoff。
〃There； now； this is quite new and very strange to hear from your
lips。〃
〃Yes； it is reasonable to hurt a man so that he should not do in
future what he is hurt for doing； and it is also quite reasonable
to cut a man's head off when he is injurious or dangerous to
society。 These punishments have a reasonable meaning。 But what
sense is there in locking up in a prison a man perverted by want
of occupation and bad example； to place him in a position where
he is provided for； where laziness is imposed on him； and where
he is in company with the most perverted of men？ What reason is
there to take a man at public cost （it comes to more than 500
roubles per head） from the Toula to the Irkoatsk government； or
from Koursk〃
〃Yes； but all the same； people are afraid of those journeys at
public cost； and if it were not for such journeys and the
prisons； you and I would not be sitting here as we are。〃
〃The prisons cannot insure our safety； because these people do
not stay there for ever； but are set free again。 On the contrary；
in those establishments men are brought to the greatest vice and
degradation； so that the danger is increased。〃
〃You mean to say that the penitentiary system should be
improved。〃
〃It cannot he improved。 Improved prisons would cost more than all
that is being now spent on the people's education； and would lay
a still heavier burden on the people。〃
〃The shortcomings of the penitentiary system in nowise invalidate
the law itself；〃 Rogozhinsky continued again； without heeding his
brother…in…law。
〃There is no remedy for these shortcomings；〃 said Nekhludoff；
raising his voice。
〃What of that？ Shall we therefore go and kill； or； as a certain
statesman proposed； go putting out people's eyes？〃 Rogozhinsky
remarked。
〃Yes； that would be cruel； but it would be effective。 What is
done now is cruel； and not only ineffective； but so stupid that
one cannot understand how people in their senses can take part in
so absurd and cruel a business as criminal law。〃
〃But I happen to take part in it；〃 said Rogozhinsky； growing
pale。
〃That is your business。 But to me it is incomprehensible。〃
〃I think there are a good many things incomprehensible to you；〃
said Rogozhinsky； with a trembling voice。
〃I have seen how one public prosecutor did his very best to get
an unfortunate boy condemned； who could have evoked nothing but
sympathy in an unperverted mind。 I know how another
cross…examined a sectarian and put down the reading of the
Gospels as a criminal offence； in fact； the whole business of the
Law Courts consists in senseless and cruel actions of that sort。〃
〃I should not serve if I thought so；〃 said Rogozhinsky； rising。
Nekhludoff noticed a peculiar glitter under his brother…in…law's
spectacles。 〃Can it be tears？〃 he thought。 And they were really
tears of injured pride。 Rogozhinsky went up to the window； got
out his handkerchief； coughed and rubbed his spectacles； took
them off； and wiped his eyes。
When he returned to the sofa he lit a cigar； and did not speak
any more。
Nekhludoff felt pained and ashamed of having offended his
brother…in…law and his sister to such a degree； especially as he
was going away the next day。
He parted with them in confusion； and drove home。
〃All I have said may be trueanyhow he did not reply。 But it was
not said in the right way。 How little I must have changed if I
could be carried away by ill…feeling to such an extent as to hurt
and wound poor Nathalie in such a way！〃 he thought。
CHAPTER XXXIV。
THE PRISONERS START FOR SIBERIA。
The gang of prisoners； among whom was Maslova； was to leave
Moscow by rail at 3 p。m。； therefore； in order to see the gang
start； and walk to the station with the prisoners Nekhludoff
meant to reach the prison before 12 o'clock。
The night before； as he was packing up and sorting his papers； he
came upon his diary； and read some bits here and there。 The last
bit written before he left for Petersburg ran thus： 〃Katusha
does not wish to accept my sacrifice； she wishes to make a
sacrifice herself。 She has conquered； and so have I。 She makes me
happy by the inner change； which seems to me； though I fear to
believe it； to be going on in her。 I fear to believe it； yet she
seems to be coming back to life。〃 Then further on he read。 〃I
have lived through something very hard and very joyful。 I learnt
that she has behaved very badly in the hospital； and I suddenly
felt great pain。 I never expected that it could be so painful。 I
spoke to her with loathing and hatred； then all of a sudden I
called to mind how many times I have been； and even still am；
though but in thought； guilty of the thing that I hated her for；
and immediately I became disgusting to myself； and pitied her and
felt happy again。 If only we could manage