enforce the law either comes from or naturally gravitates toward the
ruling class. Here again power grows by what it feeds on. Order is more
important than liberty, and at all costs order must be enforced upon the
many. The few have little need for law. Whatever is, is theirs, and may
they not use their own to suit themselves? The business of the courts and
officials is to enforce order upon the great mass who must depend upon
the few for the means of life. To enforce order upon them means that they
may only live in certain ways.
* * * * *
But admitting the orthodox view of government to be correct, then how
stands the case? The great majority of mankind still believe in the
utility of the state. They not only believe that society could not
exist without the state, but likewise that this political institution
exists and is maintained for the public good; that all its functions and
activities in some mysterious way have been conferred upon it by the
weaker class of society, and that it is administered to save this class
from the ravages of the vicious and the strong. Of course, there are many
humane officials, men who use their power to promote the public good,
as they see and understand the public good. These, in common with the
community, look upon the endless provisions of our penal code as being
the magical power that keeps the state from dissolution and preserves
the lives and property of men from the vicious and the bad. The idea of
punishment, of violence, of force, is so interwoven with all our concepts
of justice and social life that but few can conceive a society without
force, without jails, without scaffolds, without the penal judgments of
men. The thought never suggests itself to the common mind that nature,
unaided by man’s laws, can evolve social order, or that a community
might live in measurable peace and security moved only by those natural
instincts which form the basis and render possible communal life. To be
sure, the world is full of evidence that order and security do not depend
on legal inventions. From the wild horses on the plains, the flocks
of birds, the swarming bees, the human society and association in new
countries amongst unexploited people, suggestions of order and symmetry
regulated by natural instincts and common social needs are ample to show
the possibility at least of order or a considerable measure of justice
without penal law. It is only when the arrogance and the avarice of
rulers and chiefs make it necessary to exploit men that these rulers must
lay down laws and regulations to control the actions of their fellows.
And the more fixed the caste, the better settled the community; the more
complete the private appropriation of land, and the longer the penal
code, the greater the number of victims that are caught within its snares.
Public-domain text, read in full here on John Shaqi.
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