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
complete confidence upon the absence of any hostile intention, is,
obviously, an essential condition of everything that makes life worth
living in a civilised country. The fact is too obvious to require much
illustration; but it requires notice, for it is very imperfectly
recognised when you regard murder, for example, simply as a kind of
sporadic disease, which breaks out here and there, and can be kept
within limits by killing some murderers, and so frightening other
would-be murderers. The criminal law, no doubt, includes that
consideration; but it includes infinitely more. It is a necessary
corollary of that state of social relations which alone gives a secure
base for every conceivable kind of satisfactory social relation. It
might, perhaps, serve as a sufficient defence of the old system, when,
in the absence of any settled order, the system of private vengeance, of
blood-feuds, and so forth, served to restrain the prevalence of actual
violence. But it is a totally insufficient measure of the real advantage
gained by enforcing order. We have to compare, not only the number of
murders and the number of victims which would exist in a given social
order, supposing the penalty to be inflicted or not inflicted; but to
compare two radically different social states, and to ask, whether it is
better to live in a society where peace is the almost invariable rule,
and violence the rare exception, or in one in which there is a chaos of
little societies, each of them being in constant fear of all its
neighbours. The construction of a central authority which will keep the
peace is a necessary part of the process of civilisation, and the
criminal law is involved in the process. For, of course, it follows
that, so long as anti-social elements exist within the borders of
society, and some people resort to the old methods of the knife or the
bludgeon, they must be put down; and the hangman and the jailer, clumsy
as the action may be, represent the only kind of machinery which has
hitherto been invented for the purpose.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account