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
as a proof of weak sentimentalism, but as a judicious self-denying
ordinance, imposed upon society by itself, as binding it always to
adopt, as far as it possibly can, what is at once the more humane and
the more scientific method. The same principle involves the careful
graduation of punishment. There are, indeed, as I believe, though I
cannot give reasons, cases in which crimes ought to be punished with
death. There are persons of whom we may say that it would have been
better, especially for their neighbours, if they had never been born. "I
am worth inconceivably more for hanging than for any other purpose,"
said the heroic John Brown; and the words may be applied, in a very
different sense, to some of the wretches who occasionally make their
appearance in the courts. To hang such a man is to act upon the
assumption that murderers represent elements which are entirely and
radically anti-social. The only remedy for them is extirpation. But, if
this be admitted, it suggests a sufficient reason for not applying it to
the cases of less gravity, in which such radical incompatibility has not
been demonstrated. Punishment by death, even if necessary, is certainly
a confession of impotence. We are admitting that we can do nothing
better with the man than convert him into a scarecrow for the benefit
of his like. What more, it may be asked, can we do with a criminal? The
obvious reply would be, reform him. Although no one can doubt that
reformation would be an extremely good thing, wherever practicable, it
may be urged that the enterprise is exceedingly difficult; that, in many
cases, it is hopeless; and that we might spend our money and our efforts
to better purpose upon more hopeful materials. And yet, I think that the
answer is the true one, if properly understood, and will suggest the
right meaning to be given to the word "deterrence". So long as we
consider the individual case alone, and merely mean that we are giving
motives to bad men for refraining from particular lines of conduct, the
results, however desirable, are of limited value. But if we consider
deterrence as including or coinciding with reformation, as indicating a
part of the general system of moral pressure by which the classes
exposed to temptation may be gradually raised in the scale of
civilisation, we recognise an acceptable meaning. In fact, if we ask
what is the deterring influence of punishment, we must observe that at
one extreme it will always fail, or only induce a bad man to take
precautions against detection; and that, at the other end of the scale,
there are a great many cases in which it does not come into active
operation at all. You and I, I hope, are not in the least disposed to
assault each other, even though no policeman is present. The bare
thought of resorting to violence, pelting me, say, with rotten eggs, has
not even suggested itself to you, even though I may be making a very
provoking use of my tongue. But there is also an intermediate class of
Public-domain text, read in full here on John Shaqi.
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