In a book which is full of interest, but whose value is considerably
diminished by a strong admixture of mysticism, "Esquisse d'une morale
sans obligation ni sanction," M. Guyau goes much farther than the
criminal anthropologists and sociological opponents of punishment, and
expresses the somewhat paradoxical view that "the real sanction seems to
imply complete freedom from punishment for the crime committed, as
punishment for any action that has been accomplished is useless." It is
quite correct that no punishment under the sun can undo what has been
done. But it is not feasible for that reason to dispense with all
punishment for misdeeds and to call this systematic freedom from
punishment a sanction. Guyau overlooks the fact that the punishment is
directed not to the crime but the perpetrator. It certainly alters
nothing in a past transgression of the law, and that is not its object,
but it may possibly have the effect of preventing fresh misdeeds on the
part of the same wrongdoer or of others, and that would justify it.
If society must renounce the idea of improving the misdemeanant,
especially the man whose organic tendencies make him a criminal and who
is the most dangerous and commits the most numerous and worst crimes, it
nevertheless assumes that it makes an impression on morally doubtful
characters by punishing misdemeanours and crimes, that it warns them and
prevents them from erring. That is the theory of intimidation, which
also has many opponents. It will hardly be denied that psychologically
it is well founded. The conception of the evil consequences for himself
that his action may entail strengthens the impulsive man's power of
inhibition when he is about to do wrong, and perhaps enables him to
overcome his immoral instinct. Only it is difficult to measure the force
which the thought of punishment adds to the effort of inhibition. This
force does not come into question at all with the man who sins
occasionally from passion. The flood of his impulses sweeps away all
barriers which reason may oppose, and their power of resistance is not
materially increased by the fear of consequences, because the mental
horizon is completely darkened at the time of the storm and no prevision
is possible. The criminal from organic causes exercises no inhibition.
He knows that society condemns his actions, but he is convinced of his
personal right to carry them out, and fears no punishment, because he
hopes to escape it, and tries his utmost by means of planning, prudence
and self-control to outwit society. The theory of intimidation is not
applicable to these two classes of criminals, and they constitute a
large proportion of the army of wrongdoers against which society has to
defend itself by force.
Public-domain text, read in full here on John Shaqi.
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