professional legislators, constables or judges. During
insurrections, the people, though very mistakenly, have enforced the
respect for private property; and they have secured this respect
far better than an army of policemen could have done.
Customs always follow the needs and sentiments of the majority;
and they are always the more respected, the less they are subject
to the sanction of law. This is because every one sees and
comprehends their utility, and because the interested parties,
not deluding themselves with the idea that government will protect
them, are themselves concerned in seeing the custom respected.
The economical use of water is of very great importance to a
caravan crossing the deserts of Africa. Under these circumstances,
water is a sacred thing; and no sane man dreams of wasting it.
Conspirators are obliged to act secretly; so secrecy is preserved
among them, and obloquy rests on whosoever violates it. Gambling
debts are not guaranteed by law; but among gamblers it is considered
dishonorable not to pay them, and the delinquent feels himself
dishonored by not fulfilling his obligations.
Is it on account of the police that more people are not murdered?
The greater part of the Italian people never see the police except
at long intervals. Millions of men go over the mountains and through
the country, far from the protecting eye of authority, where they
might be attacked without the slightest fear of their assailants
being traced; but they run no greater risk than those who live in
the best guarded spots. Statistics show that the number of crimes
rise in proportion to the increase of repressive measures; while
they vary rapidly with the fluctuations of economic conditions and
with the state of public opinion.
Preventive laws, however, only concern unusual, exceptional
acts. Every-day life goes on beyond the limits of the criminal
code, and is regulated almost unconsciously by the tacit and
voluntary assent of all, by means of a number of usages and customs
much more important to social life than the dictates of law.
And they are also much better observed, although completely
divested of any sanction beyond the natural odium which falls
upon those who violate them, and such injury as this odium
brings with it.
When disputes arise, would not voluntarily accepted arbitration
or the pressure of public opinion be far more likely to bring
about a just settlement of the difficulties in question than an
irresponsible magistrate, who has the right to pass judgment upon
everybody and everything, and who is necessarily incompetent
and therefore unjust?
Public-domain text, read in full here on John Shaqi.
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