Natural laws rule the world. It is a mistake to believe that the conduct
of man is outside of natural law. The laws of being that move all the
sentient world rule him. His first impulse is to preserve his life, and
his next to preserve the species. Nature planted these instincts so
deeply in his being that no civilization can root them up. To destroy
these instincts would be to destroy the human race. The first instinct of
man is to preserve his life. To do this he must obtain the food, shelter
and raiment that enable him to live. His constant effort has been ever
to get these at the smallest expenditure of time and strength. In a
semi-coöperative state like ours the strongest choose the easiest, most
remunerative occupations society can bestow. The less fortunate the
next best, and so on down the scale. At the lowest place some are forced
to abject toil, to practical slavery, to beggary, to crime. Men would
not steal sheep if they had land on which to raise mutton. Men would
not explore their neighbor’s houses at dead of night, if their own were
filled; and women would not sell their bodies if society left them any
other fairly decent and pleasant way to live.
Even if punishment by the state could ever be justified, no man is wise
enough or good enough to administer that punishment. It is the theory of
the law that by means of its magical wisdom it is enabled to fix a code
enumerating the acts that are sufficiently evil to constitute a crime;
and for each of these enumerated acts it sets a penalty which it presumes
is sufficiently severe and drastic to in some mysterious way atone for,
excuse, absolve or at least in some way make right, or certainly make
better the commission of the act. Punishment must proceed upon the
theory that some are wilfully bad, possessed of devils, and the bad must
be punished when found bad, to prevent others who are bad from committing
crime. Men could only be punished because they were wilfully bad. If men
are part good and part bad it will not do to punish. How could the law
or courts fix the exact line as to how bad a man might be to deserve
punishment, and how good to excuse it? Neither is it the act that should
be punished, for it would be a hard and cruel and strange code of
negative ethics that should say that a man should be punished for an evil
act and not be rewarded for a virtuous one; and even judges might find
difficulty in balancing the good and bad; and besides, does not the law
in its wisdom say that an evil act shall be punished regardless of its
consequences? I may steal my neighbor’s horse at night and return it in
the morning. I am none the less a thief and my home is the prison. I may
burglarize a safe and find it empty, but the crime has been completed and
it deserves the penitentiary. In each case I deserve the penitentiary
because my heart is bad. Thus the old theory is the only one on which the
believer in punishment could rest for a moment, that some men are bad and
Public-domain text, read in full here on John Shaqi.
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