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
That the most equitable system is the one best calculated to reform
the offender, may indeed be deductively shown. The internal experience
of every one must prove to him, that excessive punishment begets,
not penitence, but indignation and hatred. So long as an aggressor
suffers nothing beyond the evils which have naturally resulted from
his misconduct—so long as he perceives that his fellow-men have done
no more than was needful for self-defence—he {179} has no excuse for
anger; and is led to contemplate his crime and his punishment as cause
and effect. But if gratuitous sufferings are inflicted on him, a sense
of injustice is produced. He regards himself as an injured man. He
cherishes animosity against all who have brought this harsh treatment
on him. Glad of any plea for forgetting the injury he has done to
others, he dwells instead on the injury others have done to him. Thus
nurturing a desire for revenge rather than atonement, he re-enters
society not better but worse; and if he does not commit further crimes,
as he often does, he is restrained by the lowest of motives—fear.
Again, this industrial discipline, to which criminals subject
themselves under a purely equitable system, is the discipline they
especially need. Speaking generally, we are all compelled to work by
the necessities of our social existence. For most of us this compulsion
suffices; but there are some whose aversion to labour cannot be thus
overcome. Not labouring, and yet needing sustenance, they are compelled
to obtain it in illegitimate ways; and so bring on themselves the legal
penalties. The criminal class being thus in great part recruited from
the idle class; and the idleness being the source of the criminality;
it follows that a successful discipline must be one which shall cure
the idleness. The natural compulsions to labour having been eluded, the
thing required is that the offender shall be so placed that he cannot
elude them. And this is just what is done under the system we advocate.
Its action is such that men whose natures are ill-adapted to the
conditions of social life, bring themselves into a position in which a
better adaptation is forced on them by the alternative of starvation.
Lastly, let us not forget that this discipline which absolute morality
dictates, is salutary, not only because it is industrial, but because
it is voluntarily industrial. As we have shown, equity requires that
the confined criminal shall be left to maintain himself—that is, shall
be {180} left to work much or little, and to take the consequent
plenitude or hunger. When, therefore, under this sharp but natural
spur, a prisoner begins to exert himself, he does so by his own will.
The process which leads him into habits of labour, is a process by
which his self-control is strengthened; and this is what is wanted
to make him a better citizen. It is to no purpose that you make him
work by external coercion; for when he is again free, and the coercion
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