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
It follows that we must understand "deterrence" in a wider sense than
we have hitherto given to it. When we speak of punishment as deterring
from crime, we must consider, not merely the effect upon the individual
of the prospect of punishment following detection, but the total effect
of a systematic adherence to the law upon the preservation of a peaceful
state of society at large. We do not simply wish to provide a sufficient
motive to decide the individual who is asking himself, shall I steal or
not steal? but to maintain an organisation under which property shall be
normally respected, and stealing become as exceptional as we can make
it. This, in turn, involves much more than a simple execution of the
criminal law; it involves the support of agencies for prevention,
education, and reformation; though it does, also, involve an inflexible
adherence to the criminal law. The law has to use rough means, and
cannot possibly affect to adhere precisely to the moral deserts of
individual cases. But it is justified by the simple ground that the only
alternative is a chaos of barbarism. If you ask, therefore, in what
sense is a criminal law just? we must confess that, in certain respects,
it is impossible that it should be strictly just; it must deal with the
found-out exclusively and with those who are found out in certain
definite cases of criminality, and it must, therefore, impose penalties
which do not precisely correspond to the degree of criminality implied.
But the relation to morality is, nevertheless, intimate. For the growth
of the social order depends upon the growth of the corresponding social
instincts; or rather, the two processes are correlative. If I love my
neighbour I shall not wish to cut his throat; and, in order that I may
love him, I must be pretty sure that he does not mean to cut mine. The
external framework provides a protection under which the primary moral
instincts can expand; and the expansion of the instincts supposes a
correlative modification of the external framework. The moral
requirement in regard to the criminal law is, therefore, essentially,
that it should be such a law as is favourable, when considered in
connection with the whole order, to the strength and development of the
existing morality. If the criminal asks, How do you justify yourself for
punishing me? the reply must be, Because the inflexible administration
of the law is an essential precondition of the whole system, under which
alone progress is possible. A society in which peace and order are
preserved is superior, in morals as in other respects, to a society in
which peace and order are made impossible by violence; and the
suppression by punishment of offenders is involved in the system. The
advantage of belonging to such a society is not to be measured by
counting up the working of individual cases; but by the whole
characteristics of the social state, taken as a whole, and including, as
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