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
absent, he will be what he was before. The coercion must be an internal
one, which he shall carry with him out of prison. It avails little that
you force him to work; he must force himself to work. And this he will
do, only when placed in those conditions which equity dictates.
Here, then, we find a third order of evidences. Psychology supports
our conclusion. The various experiments above detailed, carried out
by men who had no political or ethical theories to propagate, have
established facts which we find to be quite concordant, not only with
the deductions of absolute morality, but also with the deductions of
mental science. Such a combination of different kinds of proof, cannot,
we think, be resisted.
* * * * *
And now let us try whether, by pursuing somewhat further the method
thus far followed, we can see our way to the development of certain
improved systems which are coming into use.
Equity requires that the restraint of the criminal shall be as great
as is needful for the safety of society; but not greater. In respect
to the _quality_ of the restraint, there is little difficulty in
interpreting this requirement; but there is considerable difficulty in
deciding on the _duration_ of the restraint. No obvious mode presents
itself of finding out how long a transgressor must be held in legal
bondage, to insure society against further injury from him. A longer
period than is necessary, implies an actual injustice to {181} the
offender. A shorter period than is necessary, implies a potential
injustice to society. And yet, without good guidance, one or other of
these extremes is almost sure to be fallen into.
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