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
has transgressed the conditions to social welfare, ought to bear the
needful penalties and restraints, but nothing beyond these? Is it not
clear that neither by absolute morality nor by Nature’s precedents, are
we warranted in visiting on him any pains besides those involved in
remedying, as far as may be, the evil committed, and preventing other
such evils? To us it seems manifest that if society exceeds this, it
trespasses against the criminal.
Those who think that we are tending towards a mischievous leniency,
will find that the next step in our argument disposes of any such
objection; for while equity forbids us to punish the criminal otherwise
than by making him suffer the natural consequences, these, when
rigorously enforced, are quite severe enough.
Society having proved in the high court of absolute morality, that
the offender must make restitution or compensation, and submit to
the restraints requisite for public safety; and the offender having
obtained from the same court the decision, that these restraints shall
be no greater than the specified end requires; society thereupon makes
the further demand that, while living in durance, the offender shall
maintain himself; and this demand absolute morality at once endorses.
The community having taken measures for self-preservation, and having
inflicted on the aggressor no punishments or disabilities beyond those
{169} involved in these necessary measures, is no further concerned in
the matter. With the support of the prisoner it has no more to do than
before he committed the crime. It is the business of society simply
to defend itself against him; and it is his business to live as well
as he can under the restrictions society is obliged to impose on him.
All he may rightly ask is, to have the opportunity of labouring, and
exchanging the produce of his labour for necessaries; and this claim
is a corollary from that already admitted, that his actions shall not
be restricted more than is needful for the public safety. With these
opportunities, however, he must make the best of his position. He must
be content to gain as good a livelihood as the circumstances permit;
and if he cannot employ his powers to the best advantage, if he has
to work hard and fare scantily, these evils must be counted among the
penalties of his transgression—the natural reactions of his wrong
action.
Public-domain text, read in full here on John Shaqi.
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