British Socialism: An Examination of Its Doctrines, Policy, Aims and Practical ProposalsBarker, J. Ellis
History
British Socialism: An Examination of Its Doctrines, Policy, Aims and Practical Proposals
Barker, J. Ellis
Socialism; Socialism -- Great Britain
From the foregoing considerations it logically follows that "a
Socialist administration would treat delinquents with the utmost
leniency consistent with the existence of society."[889] "A man of
average sense ought to be able to protect himself against fraud. Theft
only requires the restitution of the stolen property plus an addition,
such as the Roman law provided. The ideal condition of a community is
that the remorse following the commission of a crime should be an
adequate preventive of its commission"[890]--By its attitude towards
crime, Socialism should secure for itself the enthusiastic support of
the criminal classes. By abrogating the enforcement of contract and
the recovery of debt, it should secure for itself the equally
enthusiastic support of all fraudulent debtors. Conspirators and
revolutionaries since the time of Catiline have opened the gaols and
have relied on criminal desperadoes for the realisation of their
ambitions. It is worth noting that most Anarchists also recommend the
abolition of law and the law courts.[891]
Until the ideal Socialist commonwealth has been firmly established,
and "until the economic change has worked itself out in ethical
change, it is clear that a criminal law must exist. The only question
is whether its basis shall be a mass of anomalous statutes and
precedents or a logical system."[892] Bax decides that the logical
system and the Code Napoleon is to be introduced after the Socialist
revolution.[893] The fact that the people do not know the French laws
apparently does not matter.
Many Socialists complain that British laws, and American laws too, are
not collected and codified. Hence the citizen does not, and cannot,
know the law. "What is called 'the law' is something that no lawyer
can learn in a lifetime, both on account of the bulk of the Reports,
and because he never can be absolutely certain what is good and what
is bad law. The profession chooses rather than ascertains the
law."[894] Owing to lack of a code of laws, the law is uncertain and
exceedingly costly. Hence the poor man can obtain justice only with
difficulty, if at all. Besides, "The fear of litigation is a weapon
society places in the hands of the rich man to coerce the poor man,
irrespective of the merits of the case, by dangling ruin before
him."[895] There is much justification for these complaints.
We have seen in former Chapters that Socialism teaches that property
is theft and that rich men are criminals. In the present Chapter we
have learned that criminals are men wronged by society. The Socialist
conception of law and justice should recommend itself to all
criminals, and all criminals should be Socialists.
FOOTNOTES:
[874] Bax, _Outlooks from the New Standpoint_, p. 107.
[875] Blatchford, _Not Guilty_, p. 258.
[876] _Ibid._ p. 259.
[877] Bax, _Religion of Socialism_, p. 108.
[878] _Independent Labour Party Song Book_, p. 17.
[879] _Social-Democratic Federation Song Book_, p. 19.
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