But in the realm of the mental and the moral, the law has been content
for centuries to rest at ease. Our practical dealings with crime are
based on the same theories of evil and evil spirits that made wise
physicians drive the devils into swine and swine into the sea. If any
progress has been made it has been in believing that, instead of one
being possessed of a devil, he really is a devil. When the physical
condition of a man is sufficiently far removed from the physical
condition of the average which is supposed to represent the normal man,
he is treated for the disease. When the mental condition sufficiently
varies from that of the ordinary man, the normal man, he is promptly
imprisoned or put to death. Judges and juries debate and ponder over the
question of whether a man has done some act that is not commonly done by
his fellows, and if they determine that he is guilty of doing the act,
the judgment follows that he must have wilfully and perversely chosen to
do wrong. No one then inquires why he did the act and whether there are
conditions of disease present in the community that will lead others to
do like acts. There is but one thing to do. The man is evil. The state
must lay violent hands upon him—must meet evil with evil, violence with
violence. There is but one cure for malice and that is malice.
But however ignorant the law and its administrators, some of the rules of
conduct have been brought to light; while judges have been sentencing,
and hangmen and jailers plying their grewsome trades, there have been
thinkers and students and historians, who did not believe in the old
theory of witchcraft and evil spirits on which human punishment really
rests. These students and scholars have labeled and classified facts and
have at least learned something as to the cause and origin of what men
call crime. Enough at least has been discovered to prove that punishment
has absolutely no effect to lessen crime.
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.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account