This struggle of contending forces is a prolific and unavoidable source
of crime. When organized society goes too far, the individual units
rebel and clash with law; when the units swing too far away from the
social organization and defy the power of the state, almost
automatically some sort of a new organization becomes the state. Whether
this new one discards all old forms and laws and acts without the
written law, is of no concern. It at least acts and sets limits to the
individual life. If it were possible for all legislative bodies to meet
and repeal all laws, the state would still remain; the people would live
and automatically form themselves into a certain order and protect that
order either by written law or vigilance committees. At least the people
would act together.
The majority generally has some religious creed, and to it this is all
important. This creed is made up of observances, such as holy days, the
support of the prevailing religion, the condemnation of witchcraft and
magic, and the like. These and other doctrines often have been enforced
upon those who have no faith in the regulations. The enforcement of
such laws in the past has been by the most drastic penalties and has
brought extreme suffering upon the world. No religious organization has
ever seemed willing to confine its activities to propaganda, teaching
and moral suasion; those methods are too slow, and the evils and
consequences of disbelief are too great. Laws of this drastic character
are still part of the penal codes of various states and nations, and
well-organized bodies are always strenuously seeking to extend the
application of such laws and re-enact at least a portion of the
religious code that has been outgrown.
Individuals have likewise found, or at least believed, that certain
personal habits were best for them, for instance, abstaining from
alcohol and tobacco in all forms. Not content with propaganda, they have
sought to force their views upon others, many of whom deeply resent
their interference.
It is not enough that certain things shall be best for the health and
physical welfare of a community. This does not justify the wise
law-giver in making them a part of the penal code. If so, the code would
be very long. No doubt coffee and tea, and perhaps meat, are injurious
to health. Most likely the strength of the community would be conserved
if regular sleeping hours were kept and if great modifications or
changes were made in dress. But this does not justify criminal statutes.
The code must take notice of something more than the general welfare.
Unless the end sought to be attained is very direct and plain and the
evil great so that a large majority believes in the law, it should be
left to education and to other voluntary social forces.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account