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
“But how can it be shown,” asks the reader, “that these injudicious
penal systems are inequitable? Where is the method which will enable us
to say what kind of {163} punishment is justified by absolute morality,
and what kind is not?” These questions we will now attempt to answer.
* * * * *
So long as the individual citizen pursues the objects of his desires
without diminishing the equal freedom of any of his fellow citizens
to do the like, society cannot equitably interfere with him. While
he contents himself with the benefits won by his own energies, and
attempts not to intercept any of the benefits similarly won for
themselves by others, or any of those which Nature has conferred on
them; no legal penalties can rightly be inflicted on him. But when,
by murder, theft, assault, arson, or minor aggression, he has broken
through these limits, the community is warranted in putting him under
restraint. On the relative propriety of doing this we need say nothing:
it is demonstrated by social experience. Its absolute propriety not
being so manifest, we will proceed to point out how it is deducible
from the ultimate laws of life.
Life depends on the maintenance of certain natural relations between
actions and their results. If respiration does not supply oxygen to
the blood, as in the normal order of things it should do, but instead
supplies carbonic acid, death quickly results. If the swallowing of
food is not followed by the usual organic sequences—the contractions
of the stomach, and the pouring into it of gastric juice—indigestion
arises, and the energies flag. If active movements of the limbs fail
in exciting the heart to supply blood more rapidly, or if the extra
current propelled by the heart is greatly retarded by an aneurism
through which it passes, speedy prostration ensues. In which, and
endless like cases, we see that bodily life depends on the maintenance
of the established connexions between physiological causes and their
consequences. Among the intellectual processes, the same thing
holds. If certain impressions made on the senses do not induce the
appropriate muscular adjustments—if the brain is clouded with wine, or
consciousness is {164} pre-occupied, or the perceptions are naturally
obtuse; the movements are so ill-controlled that accidents happen.
Where, as in paralytic patients, the natural link between mental
impressions and the appropriate motions is broken, the life is greatly
vitiated. And when, as during insanity, evidence fitted, according to
the usual order of thought, to produce certain convictions, produces
convictions of an opposite kind, conduct is reduced to chaos, and
life endangered—perhaps cut short. So it is with more involved
phenomena. Just as we here find that, throughout both its physical
and intellectual divisions, healthful life implies continuance of the
established successions of antecedents and consequents among our vital
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