lightly; his punishment is certain if he cannot prevent his sin from
becoming known.
Responsibility therefore also exists in Morality as understood by
sociologists. As far as his intentions are concerned the individual must
come to terms with his conscience, which, as a rule, he does not find
difficult. For his deeds he must account to society, and it does not ask
what took place in his consciousness, but only how his spiritual
impulses were manifested. For his deeds, then, he is summoned before
society's court of justice and must answer for them without having
recourse to the excuse that he acted as he was forced to do by his
disposition and the pressure of circumstances, and that he had no choice
and could not act otherwise. Though Morality has always been necessary
for the life of the community, and though the latter has, under the
pressure of the law of self-preservation, always had to make its members
strictly subservient to Morality, it has ever had a dim idea that the
responsibility of the individual for his actions is only of practical,
not of fundamental or ideal significance. It has never pushed
investigation as to how far the individual acted freely or not to any
great lengths, never attempted to trace it to the foundations of his
consciousness, to the inception of the impulses of his Will. Where the
lack of freedom was obvious, for instance, where every layman could see
there was insanity, the Moral law has been disregarded ever since
ancient times, and society has contented itself with protecting itself
from the intolerable actions of the lunatic by rendering him harmless.
Since positive Law, made concrete in the laws with penal sanctions, was
evolved from the universal Moral law, it has admitted the plea of
irresponsibility and refrained from exercising its coercive powers where
such irresponsibility has been established. In addition to madness,
demonstrable coercion and self-defence relieve the individual from
responsibility for the crime and render him immune from punishment.
Public-domain text, read in full here on John Shaqi.
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