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
Now, I may say, very briefly, that such a divergence of the two
principles appears to me to be possible; and, further, that cases may be
put in which it might be necessary to deter, at all hazards, even to the
neglect of moral considerations. A general who is defending a town must
sometimes burn the houses of innocent people, without stopping to
consider whether they can ever be compensated; and I think that there
may be analogous cases even in regard to law, where the consideration of
the absolute necessity of putting down mischievous conduct may override
the normal moral considerations. But the general answer is, I think,
different, and may help to clear the principle. The law to which I have
referred, for the protection of exposed property, obviously suggests one
remark. The true remedy for the evil would have been not to increase the
penalty, but to increase the protection. You ought to have provided more
watchmen, or to have forbidden owners to put temptation in the way of
their neighbours, and not to have tried to make the hangman do the work
of the policeman. So our ancestors erred when they protected their
fields, not by putting up fences, but by setting mantraps to mutilate
occasional trespassers. In that, as in other cases, the mistake is to
confuse between the deterring influence of punishment and the preventive
influence of protective measures. Arguments, questionable when used on
behalf of punishment considered as deterring, are perfectly applicable
to the preventive measures. It is obviously right that such measures
should be proportioned to the temptation. When a starving man steals a
loaf, he is not so bad as a man who steals when he is not starving. We
should, therefore, think it morally wrong to punish him as severely.
But, if we thought that he ought not to have the loaf, we should take
stronger precautions in proportion to the probable temptation. If, for
example, we were sending supplies to relieve a starving district, it
would be clearly right to send such a force with them as might prevent
their appropriation by the strongest, or the first comers. But, at the
same time, we should also think it right to save the men from
temptation, by providing as much as possible against the danger of
starvation. So, again, it would be monstrous to punish a poor man more
severely than a duke, for stealing a watch; but, as a matter of
prudence, I should take more precautions if I were dining in a poor
public-house, than if I were dining in a ducal palace.
Public-domain text, read in full here on John Shaqi.
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