Crime, strictly speaking, is only such conduct or acts as are forbidden
by the law and for which penalties are prescribed. The classification of
the act does not necessarily have relation to moral conduct. This cannot
be fixed by any exact standard. There is no straight clear line between
the good and bad, the right and wrong. The general ways of determining
good and bad conduct are of little value. The line between the two is
always uncertain and shifting. And, in the last analysis, good or bad
conduct rests upon the "folk-ways," the habits, beliefs and customs of a
community. While this is the real basis of judging conduct, it is
always changing, and from the nature of things, if it could be made
stable, it would mean that society was stratified and all hope of
improvement dead.
II
PURPOSE OF PUNISHMENT
Neither the purpose nor the effect of punishment has ever been
definitely agreed upon, even by its most strenuous advocates. So long as
punishment persists it will be a subject of discussion and dispute. No
doubt the idea of punishment originated in the feeling of resentment and
hatred and vengeance that, to some extent at least, is incident to life.
The dog is hit with a stick and turns and bites the stick. Animals repel
attack and fight their enemies to death. The primitive man vented his
hatred and vengeance on things animate and inanimate. In the tribes no
injury was satisfied until some member of the offending tribe was
killed. In more recent times family feuds have followed down the
generations and were not forgotten until the last member of a family was
destroyed. Biologically, anger and hatred follow fear and injury, and
punishment follows these in turn. Individuals, communities and whole
peoples hate and swear vengeance for an injury, real or fancied.
Punishments, even to the extent of death, are inflicted where there can
be no possible object except revenge. Whether the victim is weak or
strong, old or young, sane or insane, makes no difference; men and
societies react to injury exactly as animals react.
That vengeance is the moving purpose of punishment is abundantly shown
by the religious teachings that shape the ethical ideas of the Western
world. The Old Testament abounds in the justification of vengeance. A
few quotations amply show the Biblical approval of this doctrine:
Whoso sheddeth man's blood, by man shall his blood be shed.
Genesis 9;6.
No expiation can be made for the land for the blood that is shed
therein, but by the blood of him that shed it. Numbers 35;33.
Wherefore should the nations [Gentiles] say, Where is their [the
Jews'] God? Let the avenging of the blood of thy servants which is
shed, be known among the nations in our sight. Psalms 79;10.
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.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account