Essays; Great Britain -- Social conditions -- 20th century; World War, 1914-1918 -- Great Britain
with the fresh and genuine feelings of unfettered men and women. One is,
in fact, only urging the recording of a judgment which he believes to
have been secretly delivered; asking that this secret judgment should be
published in the form of law as a daily and forcible reminder that some
things are “not done.”
“Still!” would say these critics who want to see no more laws made
because men cannot be made humane by law, and who certainly should
logically wish all our present laws removed by law (for this criticism
is radical and not one of degree!). “Still!” they would say, “all you
have done is to make A. and B. mechanically avoid, for example, caging
wild song-birds, or docking horses’ tails; but the devil of natural man
is so strong in A. and B. that they will instantly set to work to invent
some other form of torture.” This is too cynical. Many of the cruelties
that _can_ be prohibited by law—that is to say, those for whose
prohibition the true and secret public feeling is ripe—are cruelties
that come rather from lack of thought than from a natural savagery. And
it is a very large order to say that, because you stop A. and B. from
“not thinking” in a certain direction, their lack of thought must result
in other cruelties. True, the reason for their “lack of thought” is
often that they profit by it; but, even so, it does not follow that if
one channel of thoughtless and pain-provoking profit be cut off, they
must necessarily seek another. As a fact, many social cruelties (such as
the sweating of women, foul housing, and the harmful kind of child
labour) are but dubious sources of profit in the long run; and some
cruelties practised on animals (such as the wearing of certain feathers,
or the docking of horses’ tails) are but the outcome of “fashion.”
To put it another way. We feel there are certain things _our neighbours_
must not do—we even feel that we ourselves must not do them; and we
pass laws to put it out of our own reach to yield to the temptation of
profit or temper!
Take a person who is guiltless of thought or temptation in the matter,
and show him first a number of wild song-birds in freedom, and then a
bird fancier’s shop, with the same kinds of birds in their tiny cages,
and ask him whether or no he thinks they ought to be kept like that. In
nine cases out of ten he will say: “Poor little beggars! No.”
If then, the Legislature passes a law to penalize such caging, this law
will be effective and will in time stop wild birds from being caged,
because the secret feeling of the majority is really against such a
practice.
But pass a law to penalize the moderate smacking of small naughty
children, it will simply be disregarded, because nine out of ten people
do not see any harm in either their neighbours or themselves moderately
smacking their imps.
Public-domain text, read in full here on John Shaqi.
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