Social Rights And Duties: Addresses to Ethical Societies. Vol 2 [of 2]Stephen, Leslie
Philosophy
Social Rights And Duties: Addresses to Ethical Societies. Vol 2 [of 2]
Stephen, Leslie
Ethics, Evolutionary; Social ethics
Yet, the man who is tempted
by the million gives less proof of dishonesty than the man who commits
the same crime for a paltry five pounds. Therefore the punishment must
be increased, as the wickedness is less.
I must first set aside one ambiguity which perplexes this argument. When
we speak of a temptation as varying, we may mean one of two very
different things. To say that I am more "tempted" than you to commit a
given crime, may mean that the gain expected by me is itself greater;
or, it may mean that I am more predisposed to the crime. I may be more
tempted, let us say, to poison my uncle than you are to poison yours.
That may mean that my uncle is a rich old sinner and I am his heir,
whereas your uncle is a poor saint and you will get nothing by his
death. Or it may mean that I am more tempted because, our uncles being
alike, I am spiteful, and you affectionate, by nature. In the first
case, to say that I am under the stronger temptation would, perhaps,
tend to alleviate the gravity of my crime; in the second, it would
simply be another way of saying that I was the greater brute. In both
cases, of course, it is true that the greater temptation would require
the greater counterpoise. In one case, this only means that the worse
the man, the stronger the restraints which he requires; and, if you
could make different laws for bad men and good, it would follow that the
bad would require the heaviest penalties. But this does not conflict
with the moral view. It is no excuse for a murderer to say, "I am so
bloodthirsty that I really could not help murdering". No contradiction
to morality arises from punishing his crime more severely. In the other
case alone,--the case in which we made distinctions founded upon the
difference of surrounding circumstances,--it is true that we should,
from the point of view of simple deterrence, require heavier penalties
where the temptations were greater, and, therefore, the intrinsic
malevolence proved to exist less.
Public-domain text, read in full here on John Shaqi.
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