Essays; Great Britain -- Social conditions -- 20th century; World War, 1914-1918 -- Great Britain
One who is generally blamed for offering no practical remedies for the
hard cases he provides is not quite so foolish as to think men are to be
made into angels by law. Cut-and-dried formulæ are hardly his little
gods; and he knows well that far more important than change and reform
of laws and systems is improvement in the spirit of the men who
administer them. For all that, it is fatal to think that public feeling
can be divorced from law in the social organism. In effect these critics
say:
“It is impossible to diminish cruelty and injustice by law; any attempt
to do so will only divert the cruelty or injustice banned to another
form of expression.” Very well! It is therefore demonstrably needless
and even ridiculous to prohibit, by law, murder, rape, and the
deliberate torture of children. The murderer, the ravisher, and the
torturer should be allowed to vent their cruelty in these forms, for
fear that if they are not so allowed they will vent it in other forms!
That is the _reductio ad absurdum_ implicit in all such anarchistic
doctrine; and how far it is really held by those who talk of the
futility of passing laws against inhumanity one must leave to their own
consciences. In any case, the doctrine takes no account of the real
nature of laws. In a democratic society, such as ours, only public
opinion, or, I would rather say, the true secret consensus of general
thought, makes laws possible—I am speaking of laws against inhumanity.
And laws so made are but constant reminders to every one that public
opinion is against such and such a thing. Laws were made against murder
and rape because public feeling against such acts became so strong that,
until the laws were made, normal individuals did not rest till they had
torn to pieces persons who acted in such abnormal ways. It was therefore
considered more convenient that certain recognized professional persons
should undertake the work of punishment. And so on through all the gamut
of laws down to those against quite minor cruelties, which would not
perhaps provoke individual retaliation, but which nevertheless would
evoke pity and anger from a majority of those who with their own eyes
saw them inflicted. Admitting that the state of public feeling toward a
particular form of cruelty must always be more or less a matter of
discretionary judgment for legislators, it is yet quite wrong to suppose
that laws must wait until the majority of individuals in a community
have openly declared a feeling of which perhaps, never having been
tested personally, they are not conscious. When one urges the passing of
laws to prohibit certain cruelties, one is only urging that the
Legislature should give concrete expression to what it believes would be
the general opinion of the country, if every man and woman therein could
be taken apart—isolated, as juries are—and then actually put face to
face with instances of these cruelties, so that they might judge them
Public-domain text, read in full here on John Shaqi.
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