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
We have seen that were the injunctions of absolute morality obeyed,
every transgressor would be compelled to make restitution or
compensation. Throughout a considerable range of cases, this would
itself involve a period of restraint varying in proportion to the
magnitude of the offence. It is true that when the malefactor possessed
ample means, the making restitution or compensation would usually be
to him but a slight punishment. But though in these comparatively few
cases, the regulation would fall short of its object, in so far as its
effect on the criminal was concerned, yet in the immense majority of
cases—in all cases of aggressions committed by the poorer members of
the community—it would act with efficiency. It would involve periods
of detention that would be longer or shorter according as the injury
done was greater or less, and according as the transgressor was idle or
industrious. And although between the injury done by an offender and
his moral turpitude, there is no constant and exact proportion, yet
the greatness of the injury done, affords, on the average of cases,
a better measure of the discipline required, than do the votes of
Parliamentary majorities and the guesses of judges.
But our guidance does not end here. An endeavour still further to do
that which is strictly equitable, will carry us still nearer to a
correct adjustment of discipline to delinquency. When, having enforced
restitution, we insist on some adequate guarantee that society shall
not again be injured, and accept any guarantee that is sufficient, we
open the way to a self-acting regulator of the period of detention.
Already our laws are in many cases satisfied with securities for future
good behaviour. Already this system manifestly tends to separate the
more vicious from the less vicious; seeing that, on the average, the
difficulty of {183} finding securities is great in proportion as the
character is bad. And what we propose is that this system, now confined
to particular kinds of offences, shall be made general. But let us be
more specific.
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