Ploughshare and Pruning-Hook: Ten Lectures on Social SubjectsHousman, Laurence
Philosophy
Ploughshare and Pruning-Hook: Ten Lectures on Social Subjects
Housman, Laurence
Social ethics; Social sciences
For is it not true that wherever a local or group interest comes to
be established, there the members of that group cease to believe that
punishment from any outside power or authority is good for them?
Take the family--those of you who believe in punishment--those who
profess to be law-abiding; one of its members commits a theft. Is he
handed over to the police to be dealt with according to law? Not at
all. On the contrary, everything is done to enable him to escape the
punishment. We don’t believe in legal punishment when it comes to
our own circle. And we only believe in legal punishment for others,
because, loving and understanding them less, we are unwilling to take
as much trouble about them.
And that same vicious principle of belief in punishment only for
others mounts up and up through every communal interest that has
established itself in our midst on a unity of feeling closer than that
which obtains generally. Every class-interest, every trade-interest,
every party-interest that stands combined for its own benefit does
all it can to evade the punishment of its members by the larger and
more impersonal authority of the State. Scandals are hushed up in the
police; scandals are hushed up in the Army; scandals are hushed up in
the Cabinet; everything possible is done to prevent our penal code
from acting equally on the vested interests in which we specially are
concerned.
And yet we say that we believe in punishment!
But if we do honestly believe in punishment, ought we not then to
insist not merely that the administration of our law-courts should
be impartial and judicial, but that the source and promotion of our
State-prosecutions should be impartial also? Probably most unreflecting
people think that they are. But again and again the Government, when
it chooses or refuses to put the law into motion and prosecute, though
nominally the accuser, is really the accused, using its powers for the
saving of its own skin, to keep the case out of court--sometimes even
in spite of the protests of the magistracy itself. Again and again the
judicial scales have been fraudulently weighted--not in court but out
of it by the interests of party government.
Let us take a rather notorious instance where this was done.
Within quite recent times, two men have conspired--the one to raise an
army of rebellion if Home Rule were imposed on Ulster; the other to
raise an army of rebellion if conscription were imposed on Ireland.
The crime in each case was precisely the same; but the punishment was
different. The one--the more recent--was sent to prison for it without
trial. The other, equally without trial, was elevated to Cabinet rank.
Public-domain text, read in full here on John Shaqi.
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