In the course of evolution society has conceded still further
limitations of individual responsibility. It willingly admits new
knowledge gained by scientific psychology and concedes limited
responsibility, not only in case of madness, but in such cases, too,
where experts can convincingly prove to the judges, the guardians of its
Law, that the individual was in an abnormal condition and affected by
morbid influences at the time of the crime. Farther society cannot go,
if it does not want to put an end to Moral law and do away altogether
with positive law. Concern for its continued existence forbids this. It
must leave it to the philosophers to continue the investigation. They
must show that the Will is never free, always fettered, not only in the
extreme cases of madness or when under the influence of suggestion. They
must make it clear that there is only a difference of degree and not of
kind between the determining influences under which the individual is
constrained to act, and that the causation which binds him proceeds by
imperceptible degrees from the delirium of the maniac and the obsession
of the abnormal man to the passion, lust and desire of the man with
strongly developed instincts, and to the slight stimulus of habits, the
colourless judgment and shallow considerations of the ordinary man with
a deformed character and no definite features. Society can draw no
practical conclusion from the theoretical recognition of the lasting
limitation and lack of freedom of the Will, because moral law by its
very nature implies coercion, and therefore excludes freedom. Whether
the individual submits to the Moral law of his own accord, or because he
is forced thereto by the community's powers of coercion, is of no
account to society. It deals only with the visible results.
Public-domain text, read in full here on John Shaqi.
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