Turning from the examples everywhere present of the naturalness of order
and system to what we observe of the daily acts of men, the thought
that right conduct has little relation to penal laws is still further
confirmed. In the myriad acts of men it is only rarely that one is
done directly because of law. To turn to the right when you meet your
neighbor on the street; to imperil your happiness and even your life
to help in dire need; to protect the helpless; to defend the weak; to
tell the truth; in fact, to obey all that natural morality or right
conduct requires, is the first instinct of man, and ever prevails, not
only regardless of human law but in spite of human law, and this, too,
for the best and most abiding reason that can influence the life of man.
Nature provides that certain conduct makes for life, and in the sweep of
time, those who conform to this conduct live and their offspring populate
the earth when they are gone; those who violate the laws of communal
life will die or leave no descendants or weak offspring to be the last
survivors of their line. The unschooled child and the uncivilized race
alike tell the truth; they obey the laws of nature and the laws of life.
It is only after the exploiter appears with his rules for enslaving man
that he must needs build jails in which to pen those who defy or ignore
their power.
CHAPTER V
THEORY OF CRIME AND PUNISHMENT
Those who believe in the beneficence of force have never yet agreed
upon the crimes that should be forbidden, the method and extent of
punishment, the purpose of punishment, nor even its result. They simply
agree that without force and violence social life cannot be maintained.
All conceivable human actions have fallen under the disfavor of the
law and found their place in penal codes: Blasphemy, witchcraft,
heresy, insanity, idiocy, methods of eating and drinking, the manner of
worshiping the Supreme Being, the observance of fast days and holy days,
the giving of medicine and the withholding of medicine, the relation of
the sexes, the right to labor and not to labor, the method of acquiring
and dispensing property, its purchase and sale, the forms of dress and
manner of deportment, in fact almost every conceivable act of man. On the
other hand, murder, robbery, pillage, rapine, have often been commended
by the ruling powers, not only permitted, but under certain conditions
that seemed to work to the advantage of the ruler, this conduct has been
deemed worthy of the greatest praise. The punishment for illegal acts
have been as various as the crimes. Death has always been a favorite
visitation for the criminal, but the means of death have varied with
time and place: Boiling in oil, boiling in water, burning at the stake,
breaking on the wheel, strangulation, poison, feeding to wild beasts,
beheading, and in fact every conceivable way down to the humane method of
electrocution and hanging by the neck until dead. Death, too, has been
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