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
Let us consider the consequences of my previous statements. The
essential condition of social development is enforcement, where
necessary, of peace and order by adequate means. The criminal law
corresponds to one part of this process. The whole social system
includes machinery for prevention, for reformation and for education, as
well as for punishment; and it is only when taken in its relation to
other parts of the system, that we can give the full justification. Its
methods are, as I have said, obviously full of imperfections, from the
purely moral point of view. If we consider it as an isolated fact,
comparably to the interference of a quasi-supernatural power, which
clutches an offender here and there, and punishes him simply to frighten
others, the arbitrary and unequal nature of the proceeding assumes an
air of injustice. In fact, if you take the extreme individualist view,
according to which each man is an independent unit, while society
represents a force impinging upon him from without, it always becomes
difficult to introduce the conception of justice without ending in the
approval of anarchy. When, however, we consider the social organisation
as including all the means of civilising society, of strengthening the
general spirit of order, as well as acting upon the fears of the
disorderly, we have to take wider considerations into account. We become
sensible, in the first place, of the importance of the principle that
punishment should never be substituted for prevention. Wherever it is
possible to remove temptations, or take precautions which make crime
impossible, we can have no excuse for adopting the blundering and
unsatisfactory system of punishing those who have committed it. We
admit, that is, that the criminal law, though absolutely necessary, is
an essentially clumsy contrivance, to be used only when other methods
fail. When certain punishments have been condemned as brutalising, it
has been replied that the persons punished were already so brutal that
it is impossible to make them worse. But the brutalising influence is
even more objectionable as it applies to the legislator than as it
applies to the criminal. To make up for neglect of appropriate
precautions by severity against the offender, is to adopt the
necessarily arbitrary method in which chance must always play a part in
place of more effective and civilising methods. Frugality in applying
punishment is desirable as a guarantee that we are acting in the proper
spirit. An Indian official was asked why the native police were disposed
to use torture for the detection of crime. The cause was, he said,
mainly from laziness: it was so much easier to sit in the shade, rubbing
red pepper in a poor devil's eyes, than to go about in a hot sun
collecting evidence. So, it would be very much easier to inflict cruel
punishment than to try to remove the causes of crime; and a resolution
never to use the more brutal methods is not, as I think, to be regarded
Public-domain text, read in full here on John Shaqi.
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