But the community cannot wait until this stage of moral development has
been generally attained. It refuses to entrust its existence to the
spiritual purity of all its members. On principle it disregards
processes in the consciousness of the individual--I have cited in an
earlier chapter the few exceptions to this rule: investigation as to
premeditation, accountability, freedom from undue influence--and keeps
to actions which alone it judges. It declares itself incompetent to
pronounce sentence upon a "storm inside a skull," to quote Victor Hugo.
Its sphere is that of obvious facts. Not until subjective impulses and
decisions are manifested in outward form does it intervene with methods
of the same order, with outward coercion. The sanctions of its law are
material, are punishments and fines. It hits the wrongdoer over the head
and on his hands and forcibly empties his pockets. To look into his soul
and set matters to rights there is a task undertaken much later by
law-givers. It was only after they had remembered that the source of law
is Morality and that its ultimate aim is not the bare attainment of a
state of mutual respect for one another's rights, but the education of
the community to a universal condition of self-discipline, consideration
and neighbourly love, that the law-givers made a point not only of
requiting the bad man's misdeeds, but also of trying to elevate him
morally.
At different times, at different stages of civilization, and according
to the current views of the universe, society has interpreted in
different ways the punishment it inflicts and which it carries out by
forcible means, so as to ensure respect for its laws. Its original
character is that of revenge for an offence. The wrongdoer has offended
the community, it attacks him furiously and breaks every bone in his
body just as an angry individual would do in his first access of
indignation. That is Draco's penal code. That is the law of literal
requital. The special characteristic of this sanction is its violence
and lack of moderation. It does not trouble to find the right proportion
between punishment and crime. It does not carefully and fairly weigh the
force of its blows. The club falls with a frightful crash, but its
dynamical effect is not calculated beforehand in kilogrammetres. "The
stab of a knife is not measured," as an Italian proverb says. Thus
conceived, punishment has something primitive about it, something
intolerably barbarous. The community does the very things it was
created, by Morality and Law, to prevent; it exercises the right of the
stronger against the challenger; it promotes war, not that of all
against all, but of all against one, and its punishment is an act of
war.
Public-domain text, read in full here on John Shaqi.
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