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
Without going further into this, which may briefly indicate some of the
perplexities involved, I may mention certain cases in which there seems
to be a real divergence of the two principles. There are cases in which
the temptation may be fairly held to lessen guilt, and in which
punishment has, notwithstanding, been made severer in consequence. The
criminal law of the last century, for example, imposed a penalty of
death upon persons who stole certain kinds of property left in specially
exposed positions. The ease of taking it would very possibly tempt to
theft men who would elsewhere be honest; and it was sought to compensate
for the strength of the temptation by more savage punishment of those
who yielded to it. Or, again, there are certain problems of a similar
kind connected with political offences. A man who gets up a rebellion
from sincere political motives is generally far better morally than the
man who gets up a rebellion for the sake, say, of simple plunder. Ought
the motive to be allowed as an extenuation of the offence? It ought, it
may be said, from a moral point of view; but, from the point of view of
simple deterrence, we might rather consider that the patriotic rebel is
the more dangerous person of the two, and, therefore, requires the
prospect of at least as heavy a punishment to keep him quiet. So, again,
it has been asked, whether it should be admitted as an excuse for a
rioter, that he has joined in violent courses under threats from the
riotous mob. This is, of course, an excuse from the moralist's point of
view; the man is only attacking the police in order to save his own
house from being burnt, not from a disorderly or disaffected spirit. But
it is replied, from the deterring point of view, that, if such an excuse
be allowed, you are ceasing to threaten at the precise moment when the
threats are most required. If the law is not to press from one side,
all the pressure will come from the other, and every argument will be in
favour of joining the side of disorder. Hence, it is argued, we ought to
proportion the punishment, not to the offence, but to the temptation.
Public-domain text, read in full here on John Shaqi.
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