A Vision of the Future, Based on the Application of Ethical PrinciplesClapperton, Jane Hume
Philosophy
A Vision of the Future, Based on the Application of Ethical Principles
Clapperton, Jane Hume
Ethics, Evolutionary; Social evolution
This thesis embraces a very wide range of action. It means the
systematic rational treatment of evil-doers, from the refractory infant
and juvenile pickpocket to the burglar, the fraudulent bankrupt, the
felon, the traitor, the murderer, and if any exist, the born criminal.
It signifies, in short, a complete science complementary to that of true
education. For whereas the latter comprises all manner of attractive
stimuli to noble living, this is the science of necessary social
restraints to be applied in nursery, school and prison with the
universal gentleness which springs from universal love. The purpose to
be aimed at is, first, improving character by restraining obnoxious
tendencies; second, reforming character already become anti-social;
third, protecting society from all corrupt infusion that might proceed
from morally diseased character.
A leading principle of the criminal law of Great Britain is that
punishment be adjusted in proportion to the supposed magnitude of each
individual offence. If we study this principle, we must perceive the
truth of Judge Fitz-Stephen’s allegation, for what connexion has it with
the reformation of the criminal? A judge or a jury makes no attempt to
compute the amount of prison restraint and discipline necessary to
reformation, nor are they possessed of facts for forming a judgment.
Their whole attention has been focussed on the crime, not on the
character of the criminal, or the antecedent and future conditions
affecting the character. Neither does the judicial sentence connect
itself proportionately with the mischief done to society. A fraudulent
banker or commercial speculator, whose downfall involves the ruin of
thousands, is not dealt with, as compared with a petty thief, on a scale
of severity expressive of the magnitude of suffering entailed. And the
petty thief, who steals the rich man’s goods, as compared with the
criminal who beats and abuses his wife, is adjudged a severer penalty—a
measure of punishment indicating the superior value of goods over wives,
which is a sentiment appropriate only to barbarous times.
These anomalies, however, are explainable. Our laws have descended to us
from a barbarous age, when might was right, irrespective of justice; and
from a race whose punishments sprang from revenge, and were roughly
proportioned to the feeling of revenge. They are little else than
reactionary forces, of which some are always present in an inchoate
society. Their inapplicability to the task of reforming criminals is
easily proved.
Public-domain text, read in full here on John Shaqi.
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