Essays: Scientific, Political, & Speculative; Vol. 3 of 3: Library Edition (1891), Containing Seven Essays not before Republished, and Various other Additions.Spencer, Herbert
Philosophy
Essays: Scientific, Political, & Speculative; Vol. 3 of 3: Library Edition (1891), Containing Seven Essays not before Republished, and Various other Additions.
Spencer, Herbert
Philosophy; Political science; Science
Consider, for instance, the immense amount of suffering and
demoralization needlessly caused by our severe laws in the last
century. Those many merciless penalties which Romilly and others
succeeded in abolishing, were as little justified by social necessities
as by abstract morality. Experience has since proved that to hang men
for theft, was not requisite for the security of property. And that
such a measure was opposed to pure equity, scarcely needs saying.
Evidently, had considerations of relative expediency been all along
qualified by considerations of absolute expediency, these severities,
with their many concomitant evils, would have ceased long before they
did.
Again, the dreadful misery, demoralization, and crime, generated by the
harsh treatment of transported convicts, would have been impossible,
had our authorities considered what seemed just as well as what seemed
politic. There would never have been inflicted on transports the
shocking cruelties proved before the Parliamentary Committee of 1848.
We should not have had men condemned to the horrors of the chain-gang
even for insolent looks. There could not have been perpetrated such
an atrocity as that of locking up chain-gangs “from sunset to sunrise
in the caravans or boxes used for this description of prisons, which
hold from twenty to twenty-eight men, but in which the whole number
_can neither stand upright nor sit down at the same time, except with
their legs at right angles to their bodies_.” Men would never have been
doomed to tortures extreme enough to produce despair, desperation,
and further crimes—tortures under which “a man’s heart is taken
from him, and there is given to him the heart of a {161} beast,” as
said by one of these law-produced criminals before his execution. We
should not have been told, as by a chief justice of Australia, that
the discipline was “carried to an extent of _suffering, such as to
render death desirable, and to induce many prisoners to seek it under
its most appalling aspects_.” Sir G. Arthur would not have had to
testify that, in Van Diemen’s Land, convicts committed murder for the
purpose “_of being sent up to Hobart Town for trial, though aware that
in the ordinary course they must be executed within a fortnight after
arrival_;” nor would tears of commiseration have been drawn from Judge
Burton’s eyes, by one of these cruelly-used transports placed before
him for sentence. In brief, had abstract equity joined with immediate
expediency in devising convict discipline, not only would untold
suffering, degradation, and mortality have been prevented; but those
who were responsible for atrocities like those above-named, would not
themselves be chargeable with crime, as we now hold them to be.
Public-domain text, read in full here on John Shaqi.
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