It has been my purpose to state the reasons which appeal to me in support of the doctrine of non-resistance, rather than to give authorities to sustain the theories advanced. Still, I believe that the student who is interested in the subject of criminology, and wishes to carefully investigate crime and punishment, will find that most of the great historians, philosophers, and thinkers will amply corroborate the views herein set forth, as to the cause of crime, and the evil and unsatisfactory results of punishment. CLARENCE S. DARROW. CHICAGO, November 1, 1902. CONTENTS Chapter Page I. THE NATURE OF THE STATE 11 II. ARMIES AND NAVIES 20 III. THE PURPOSE OF ARMIES 33 IV. CIVIL GOVERNMENT 41 V. THEORY OF CRIME AND PUNISHMENT 51 VI. REMEDIAL EFFECTS OF PUNISHMENT 59 VII. CAUSE OF CRIME 77 VIII. THE PROPER TREATMENT OF CRIME 92 IX. IMPOSSIBILITY OF JUST JUDGMENT 98 X. THE JUDGE OF THE CRIMINAL 106 XI. THE MEASURE OF PUNISHMENT 112 XII. WHO DESERVES PUNISHMENT 127 XIII. NATURAL LAW AND CONDUCT 131 XIV. RULES GOVERNING PENAL CODES AND THEIR VICTIMS 141 XV. THE MACHINERY OF JUSTICE 153 XVI. THE RIGHT TREATMENT OF VIOLENCE 165 Resist Not Evil [Illustration] CHAPTER I THE NATURE OF THE STATE In this heroic age, given to war and conquest and violence, the precepts of peace and good will seem to have been almost submerged. The pulpit, the press, and the school unite in teaching patriotism and in proclaiming the glory and beneficence of war; and one may search literature almost in vain for one note of that “Peace on earth, and good will toward men” in which the world still professes to believe; and yet these benign precepts are supposed to be the basis of all the civilization of the western world. The doctrine of non-resistance if ever referred to is treated with derision and scorn. At its best the doctrine can only be held by dreamers and theorists, and can have no place in daily life. Every government on earth furnishes proof that there is nothing practical or vital in its teachings. Every government on earth is the personification of violence and force, and yet the doctrine of non-resistance is as old as human thought—even more than this, the instinct is as old as life upon the earth.