3. The third class of difficulties is much the most
serious and involves much the most drastic interference
with liberty. I do not see how a private army
could be tolerated within an Anarchist community,
and I do not see how it could be prevented except by
a general prohibition of carrying arms. If there
were no such prohibition, rival parties would organize
rival forces, and civil war would result. Yet, if there
is such a prohibition, it cannot well be carried out
without a very considerable interference with individual
liberty. No doubt, after a time, the idea of
using violence to achieve a political object might die
down, as the practice of duelling has done. But such
changes of habit and outlook are facilitated by legal
prohibition, and would hardly come about without
it. I shall not speak yet of the international aspect
of this same problem, for I propose to deal with that
in the next chapter, but it is clear that the same
considerations apply with even greater force to the
relations between nations.
If we admit, however reluctantly, that a criminal
law is necessary and that the force of the community
must be brought to bear to prevent certain kinds of
actions, a further question arises: How is crime to be
treated? What is the greatest measure of humanity
and respect for freedom that is compatible with the
recognition of such a thing as crime? The first thing
to recognize is that the whole conception of guilt or
sin should be utterly swept away. At present, the
criminal is visited with the displeasure of the community:
the sole method applied to prevent the occurrence
of crime is the infliction of pain upon the
criminal. Everything possible is done to break his
spirit and destroy his self-respect. Even those
pleasures which would be most likely to have a civilizing
effect are forbidden to him, merely on the ground
that they are pleasures, while much of the suffering
inflicted is of a kind which can only brutalize and
degrade still further. I am not speaking, of course,
of those few penal institutions which have made a
serious study of reforming the criminal. Such
institutions, especially in America, have been proved
capable of achieving the most remarkable results, but
they remain everywhere exceptional. The broad rule
is still that the criminal is made to feel the displeasure
of society. He must emerge from such a treatment
either defiant and hostile, or submissive and cringing,
with a broken spirit and a loss of self-respect.
Neither of these results is anything but evil. Nor
can any good result be achieved by a method of treatment
which embodies reprobation.
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