Social Rights And Duties: Addresses to Ethical Societies. Vol 2 [of 2] — John Shaqi
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
For most purposes, this argument seems to have very little practical
application. The law is made for people in general; we cannot have one
law for bad men and another for good; partly because good and bad people
do not carry about tangible marks of their quality written upon their
faces. No doubt, indeed, the atrocity of a crime is recognised, if not
by the general law, by the nature of the sentence. An assault may show
unnatural ferocity or merely a rather excessive warmth of temper; and,
though the offence may be forbidden under the same clause of the
criminal law, the judge may be empowered to give sentences of varying
severity, varying more or less according to the moral depravity implied.
So far, the worst offences (in a moral sense) get the heaviest
punishment; and the deterring influence is rightly exerted by
proportioning the penalty to the temptation, that is, to the
predisposition to crime. The other case, again, requires some
qualification. It is not true, as an absolute proposition, that the
criminality is always, or generally, diminished, in proportion to the
greatness of the temptation; for we must remember that both the
temptation and the crime will generally be greater in proportion to the
amount of mischief inflicted. It is more tempting, no doubt, to
appropriate a thousand pounds than a shilling; but we cannot infer that
the man who takes the larger sum is, therefore, less wicked; that he has
a conscience which would have kept him honest under the smaller
temptation, and has only yielded to the greater. Compare, for example,
the case of the petty pilferer who appropriates my watch, with the case
of the man of business who appropriates securities worth many thousand
pounds and ruins widows and orphans by the dozen. We should all agree, I
imagine, that the perpetrator of the more gigantic fraud would require
the stronger deterring motive to be kept straight. He is playing for
heavy stakes, and we cannot hold out too strong a threat of infamy and
suffering, if our aim is simply to prevent the crime. But neither, if we
consider him from the purely moral point of view, would it be fair to
argue that he was a better man than the pickpocket, because the plunder
which tempted him was greater. The opposite, I fancy, would be true. He
shows a callousness to human suffering, and an amount of deliberate
hypocrisy and treachery which proves him to be not only the more
dangerous, but the more thoroughly corrupt of the two. The two ends of
providing a sufficient counterpoise and of punishing the worst men most
severely, would, therefore, coincide in this case also; and the argument
that the greater temptation implies less wickedness is plainly
inapplicable.
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