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
Under such an arrangement, the liberator and the convict would usually
stand in the relation of employer and employed. Those to be thus
conditionally released, would be ready to work for somewhat lower wages
than were usual in their occupation; and those who became bound for
them, besides having this economy of wages as an incentive, would be
in a manner guaranteed by it against the risk undertaken. In working
for less money, and in being under the surveillance of his master,
the convict would still be undergoing a mitigated discipline. And
while, on the one hand, he would be put on his good behaviour by the
consciousness that his master might at any time cancel the contract
and surrender him back to the authorities, he would, on the other
hand, have a remedy against his master’s harshness, in the option of
returning to prison, and there maintaining himself for the remainder of
his term.
Observe, next, that the difficulty of obtaining such conditional
release would vary with the gravity of the offence which had been
committed. Men guilty of heinous crimes would remain in prison; for
none would dare to become responsible for their good behaviour. Any one
convicted a second time would remain unbailed for a much longer period
than before; seeing that having once inflicted loss on some one bound
for him, he would not again be so soon offered the opportunity of doing
the like: only after a long period of good behaviour testified to by
prison-officers, would he be likely to get another chance. Conversely,
those whose transgressions were not serious, and who had usually been
{185} well-conducted, would readily obtain recognizances; while to
venial offenders this qualified liberation would come as soon as
they had made restitution. Moreover, when innocent persons had been
pronounced guilty, as well as when solitary misdeeds had been committed
by those of really superior natures, the system we have described would
supply a remedy. From the wrong verdicts of the law and its mistaken
estimates of turpitude, there would be an appeal; and long-proved worth
would bring its reward in the mitigation of grievous injustices.
A further advantage would by implication result, in the shape of a
long industrial discipline for those who most needed it. Speaking
generally, diligent and skilful workmen, who were on the whole useful
members of society, would, if their offences were not serious, soon
obtain employers to give bail for them. Whereas members of the criminal
class—the idle and the dissolute—would remain long in confinement;
since, until they had been brought by habitual self-maintenance under
restraint, to something like industrial efficiency, employers would not
be tempted to become responsible for them.
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