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
one essential part, the administration of criminal law in such a way as
to be in conformity with the conditions of healthy social development.
The difficulty, I think, though I can only indicate the argument
briefly, results from a common illusion, which is illustrated by the
once famous social contract theory. You suppose a number of independent
individuals, agreeing to join and expecting to receive a precise
equivalent for every sacrifice that they make in consequence. The reply
is, that the individual is the product of the society, and it is a mere
fiction to consider him as possessing any antecedent rights whatever.
His rights are to be deduced from, not to supply the premisses for
deducing, the social order. The only considerations which are relevant
are those which affect the welfare of the social organism, taken as a
whole; and we must regard them as determined, before we come to the
distribution of benefits and burdens among its constituent facts.
Otherwise, we should be falling into the same fallacy as if we argued
about the health of separate bodily organs, legs, and arms, and
stomachs, as though they were independent things, fastened together to
make a single machine. Since the leg implies the stomach, any
consideration of the leg's separate rights would be absurd. So the
individual member of a political society cannot be regarded as though he
had existed outside society somewhere, and was entitled to a precise
equivalent for the sacrifice of his independence. The doctrine involves
impossible considerations. I have to contribute to certain sanitary
regulations, though I may be stronger or weaker than my neighbours, and
therefore less or more in need of them. Or, I have to pay a school-rate,
whether I have a dozen children or none at all. Do those facts give me a
right to complain if I am taxed equally with my neighbours? If so, every
benefit which I receive from society must be set down as a separate item
in an account to be balanced by itself. Obviously, the advantage which I
receive in such cases is the whole advantage received from living in a
healthy place or among educated people; and it is essentially impossible
to cut that up into a number of different bits of happiness conferred in
return for separate payments on account. If I use the contract formula,
I must interpret it to mean that amenability to various regulations,
including the criminal law, is part of the whole bargain, which would
have been made, if it had ever been real, when I decided, if I ever had
decided, to join the society. The instinct for punishing criminals
guilty of violence is one of the fundamental instincts of civilisation,
and we must accept it just as we accept any other fundamental instinct.
Public-domain text, read in full here on John Shaqi.
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