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 now mark that absolute morality countenances no restraint beyond
this—no gratuitous inflictions of pain, no revengeful penalties. The
conditions it insists on being such as make possible complete life, we
cannot rightly abrogate {167} these conditions, even in the person
of a criminal, further than is needful to prevent greater abrogations
of them. Freedom to fulfil the laws of life being the thing insisted
on, to the end that the sum of life may be the greatest possible, it
follows that the life of the offender must be taken into account as an
item in this sum. We must permit him to live as completely as consists
with social safety. It is commonly said that the criminal loses all his
rights. This may be so according to law, but it is not so according
to justice. Such portion of them only is justly taken away, as cannot
be left to him without danger to the community. Those exercises
of faculty, and consequent benefits, which are possible under the
necessary restraint, cannot be equitably denied. If any do not think it
proper that we should be thus regardful of an offender’s claims, let
them consider for a moment the lesson which Nature reads us. We do not
find that those processes of life by which bodily health is maintained,
are miraculously suspended in the person of the prisoner. In him, as in
others, good digestion waits on appetite. If he is wounded, the healing
process goes on with the usual rapidity. When he is ill, as much effect
is expected from the _vis medicatrix naturæ_ by the medical officer, as
in one who has not transgressed. His perceptions yield him guidance as
they did before he was imprisoned; and he is capable of much the same
pleasurable emotions. When we thus see that the beneficent arrangements
of things, are no less uniformly sustained in his person than in that
of another, are we not bound to respect in his person such of these
beneficent arrangements as we have power to thwart? are we not bound
to interfere with the laws of life no further than is needful? If
any still hesitate, there is another lesson for them having the same
implication. Whoso disregards any one of those simpler laws of life
out of which, as we have shown, the moral laws originate, has to bear
the evil necessitated by the transgression—just that, and no more. If,
careless of your footing, you fall, the {168} consequent bruise, and
possibly some constitutional disturbance entailed by it, are all you
have to suffer: there is not the further gratuitous penalty of a cold
or an attack of small-pox. If you have eaten something which you know
to be indigestible, there follow certain visceral derangements and
their concomitants; but, for your physical sin, there is no vengeance
in the shape of a broken bone or a spinal affection. The punishments,
in these and other cases, are neither greater nor less than flow from
the natural workings of things. Well, should we not with all humility
follow this example? Must we not infer that, similarly, a citizen who
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