McClure's Magazine, Vol. XXXI, No. 4, August 1908Various
History
McClure's Magazine, Vol. XXXI, No. 4, August 1908
Various
American literature -- Periodicals; Literature -- Periodicals
Judges know how rapidly the value of the oath sinks in courts where
violation of the prohibition laws is a frequent charge, and how
habitual perjury becomes tolerated by respected people. The city
politicians know still better how closely blackmail and corruption
hang together, in the social psychology, with the enforcement of laws
that strike against the beliefs and traditions of wider circles. The
public service becomes degraded, the public conscience becomes dulled.
And can there be any doubt that disregard of law is the most dangerous
psychological factor in our present-day American civilization? It is
not lynch law which is the worst; the crimes against life are twenty
times more frequent than in Europe, and as for the evils of commercial
life which have raised the wrath of the whole well-meaning nation in
late years, has not disregard of law been their real source? In a
popular melodrama the sheriff says solemnly: "I stand here for the
law"; and when the other shouts in reply, "I stand for common sense!"
night after night the public breaks out into jubilant applause. To
foster this immoral negligence of law by fabricating hasty,
ill-considered laws in a hysterical mood, laws which almost tempt
toward a training in violation of them, is surely a dangerous
experiment in social psychology.
_Are We About to Prohibit Meat and Tea?_
Hasty and hysterical that kind of law-making is indeed. Within a few
years, during which the situation itself has not been changed, during
which no new discoveries have proved the right or necessity, during
which no experts have reached common results, the wave has swollen
to a devastating flood. Who let it loose? Were the psychologists
asked to decide, or the physicians, or the physiologists, or the
sociologists, or any one who has studied the problem as a whole with
professional knowledge? Certainly not: their commissions have hardly
ever proposed total abstinence. Of course, those who rush on mean the
best as they see it; they want to make better men; but can a
nation ever hope to reach private morality by law and thus to
exclude all private lying and greediness and envy and ingratitude
and temper and unfairness just as well as intemperance? Such unclear
and vague mixing of purposes always characterizes hysterical
legislation. A sober contemplator must ask himself: What is it to
lead to if well-meaning, short-sighted dilettantes can force
legislation on questions which demand the most serious expert study?
Public-domain text, read in full here on John Shaqi.
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