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
But, though the argument is very much to the purpose, it seems to make
our calculations rather difficult. We cannot look simply to the
deterring influence of a given punishment, but have to consider its
place in the general tariff, and its influence in inducing people to
prefer one variety of crime to another. And if we try to find our way
out of this difficulty, we shall have, I think, to find that the mode of
reasoning requires some modification.
The theory on which the calculation goes may, perhaps, be represented
thus: It is supposed that by hanging a murderer, you prevent, say, ten
murders which would otherwise happen. The suffering saved to the ten
victims is greater than the actual suffering of the single criminal.
Therefore, the infliction of the penalty gives a balance on the side of
happiness. The argument seems to me to be sound as far as it goes, and,
in some cases, it would, I think, be sufficient. If, for example, it
were proved that the use of a certain remedy, such as inoculation,
caused a certain number of deaths, while, on the other hand, it
prevented ten times as many, we should consider that a good case had
been made out for its adoption. And, similarly, if we attended simply to
the number of executions and to the number of crimes, and could make the
necessary arithmetical comparison, we should be able to estimate the
balance of good or evil in terms of pain and pleasure. But this mode of
considering the case is obviously inadequate; and, indeed, Bentham
(though I cannot now go into his teaching) feels and makes allowance for
its inadequacy. For, to say nothing else, the mere deterrence of a
certain number of crimes is an entirely insufficient measure of the
effect of the law. The one obvious remark is that, by suppressing
violence, you not only save a certain number of lives, but you secure an
essential condition of all civilised life. I came here to-night without
a revolver in my pocket; and I am not aware that I showed any particular
courage by doing so. But it would have been foolhardy to have shown the
same negligence, a few years ago, in some of the Western States of
America. If I had lived in such conditions, I should not only have taken
a revolver, but have, very possibly, thought it a duty to join a
vigilance committee, with a view to the suppression of crimes of
violence. There are still regions where the fact that a man lives in a
neighbouring village is a sufficient justification for shooting him down
as soon as he comes in sight, for the simple reason that, otherwise, he
would shoot you. So, when private war was still part of the regular
custom, there was an obstacle which had to be crushed before any
progress could be made in industrial development, which presupposes
peaceful intercourse and mutual confidence. The formation of all that is
meant by social order, the bringing about of a state of things in which
men can meet habitually without fear or precaution, counting with
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