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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 to see the beam in our
own eye in time； how kind we should be。〃 Then he wrote： 〃I have
been to see Nathalie； and again self…satisfaction made me unkind
and spiteful； and a heavy feeling remains。 Well； what is to be
done？ Tomorrow a new life will begin。 A final good…bye to the
old！ Many new impressions have accumulated； but I cannot yet
bring them to unity。〃
When he awoke the next morning Nekhludoff's first feeling was
regret about the affair between him and his brother…in…law。
〃I cannot go away like this；〃 he thought。 〃I must go and make it
up with them。〃 But when he looked at his watch he saw that he had
not time to go； but must hurry so as not to be too late for the
departure of the gang。 He hastily got everything ready； and sent
the things to the station with a servant and Taras； Theodosia's
husband； who was going with them。 Then he took the first
isvostchik he could find and drove off to the prison。
The prisoners' train started two hours before the train by which
he was going； so Nekhludoff paid his bill in the lodgings and
left for good。
It was July； and the weather was unbearably hot。 From the stones；
the walls； the iron of the roofs； which the sultry night had not
cooled； the beat streamed into the motionless air。 When at rare
intervals a slight breeze did arise； it brought but a whiff of
hot air filled with dust and smelling of oil paint。
There were few people in the streets； and those who were out
tried to keep on the shady side。 Only the sunburnt peasants； with
their bronzed faces and bark shoes on their feet； who were
mending the road； sat hammering the stones into the burning sand
in the sun； while the policemen； in their holland blouses； with
revolvers fastened with orange cords； stood melancholy and
depressed in the middle of the road； changing from foot to foot；
and the tramcars； the horses of which wore holland hoods on their
heads； with slits for the ears； kept passing up and down the
sunny road with ringing bells。
When Nekhludoff drove up to the prison the g