Severity of punishment arose through vindictiveness
and fear in an age when many criminals escaped
justice altogether, and it was hoped that savage
sentences would outweigh the chance of escape in the
mind of the criminal. At present a very large part
of the criminal law is concerned in safeguarding the
rights of property, that is to say--as things are
now--the unjust privileges of the rich. Those whose
principles lead them into conflict with government,
like Anarchists, bring a most formidable indictment
against the law and the authorities for the unjust
manner in which they support the status quo. Many
of the actions by which men have become rich are far
more harmful to the community than the obscure
crimes of poor men, yet they go unpunished because
they do not interfere with the existing order. If the
power of the community is to be brought to bear to
prevent certain classes of actions through the agency
of the criminal law, it is as necessary that these
actions should really be those which are harmful to
the community, as it is that the treatment of ``criminals''
should be freed from the conception of guilt
and inspired by the same spirit as is shown in the
treatment of disease. But, if these two conditions
were fulfilled, I cannot help thinking that a society
which preserved the existence of law would be preferable
to one conducted on the unadulterated principles
of Anarchism.
So far we have been considering the power which
the State derives from the criminal law. We have
every reason to think that this power cannot be
entirely abolished, though it can be exercised in a
wholly different spirit, without the vindictiveness and
the moral reprobation which now form its essence.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account