Church and Nation: The Bishop Paddock Lectures for 1914-15Temple, William
Religion
Church and Nation: The Bishop Paddock Lectures for 1914-15
Temple, William
Church and state
There has never, I suppose, been any legal system which was not
justified by its upholders on this ground. No one is really content, to
think that the punishment which he inflicts, or may imagine himself as
inflicting through the agency of the State, or in any other way, is
purely deterrent; he always thinks it will also be reformative. But,
how are you as a matter of fact to attack the evil will? The mere
infliction of penalty will not of any necessity achieve this goal at
all. We know that it is very seriously debated whether our whole system
of punishment in the civilised States of to-day has any really moral
effect, at least upon those who fall under its most severe penalties.
Probably most convicts leave prison worse men than when they entered.
For if a man is below a certain level in moral attainment, pain, far
from purifying, only brutalises and coarsens. It is only those who are
already far in the path of spiritual growth who are purified by
suffering, even as the Captain of our Salvation was thus made perfect.
But it is still true that the aim of all penal law is twofold; to check
the evil act and, if possible, to convert the evil will.
Now, as I suggested previously, mere restraint may have indirectly a
positive moral value; as for example in the case of a child, who is
potentially of very diverse characters. He has the capacity to grow in
many different directions, and it will depend very much upon his
surroundings, and the influences which play upon his character, whether
this set of instincts or that receives development; and here merely to
keep forcibly within bounds the development of certain impulses, which
tend to grow out of proportion to the proper harmony and economy of
nature, may indirectly have the effect of preserving that harmony and
thus develop genuine virtue in the soul. And again, with those whose
characters are relatively formed, the direct restraint, for example, of
State action may have positive moral value, inasmuch as it is the
expression of the moral judgment of Society. What most of us would
shrink from, if we were in danger of imprisonment, would not be the
physical inconvenience, which is not very great, but the fact that we
should have brought ourselves under the censure of Society, and acted in
such a way as to put ourselves below the level which Society generally
considers itself justified in enforcing. And so the purely restraining
influence of the State, even operating through force, may have a
positive moral value, because it represents, and is the only way at
present devised of representing, the judgment of Society, and to shrink
from the judgment of Society is, so far as it goes, a really moral fear.
It is not indeed the highest ground for the avoidance of evil, but it is
a moral ground, for it arises from our recognition of our
fellow-membership in Society with those whose censure we fear.
Public-domain text, read in full here on John Shaqi.
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