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
people upon whom the possibility of having to appear in a police court,
and the strong sense of shame attached to such appearances, is an active
restraining force, tending to limit, and, in cases where the proper
conditions exist, gradually to narrow, the sphere of violence. We, the
peaceable and law-abiding citizens, have gained a right to those
epithets, because we have lived in a sphere where the law has been
habitually enforced. We have ceased to carry deadly weapons about us,
and have established a general condition of good order. The deterring
influence of the criminal law acts, or ought to act, by gradually
spreading that state of mind through a steadily widening circle. The
classes which are still in need of such a support to their moral
instincts are clearly capable of reformation, whatever may be the case
of some of the individuals who break the law. A fighting tribe, which
has been in the habit of resenting every injury by the use of the knife,
may learn, in a very short time, that a court of law settles disputes
more agreeably than a free fight; and may become a most admirable and
efficient part of the society to which it belongs. And the same may be
said of large classes in our own society, which are perfectly capable of
being converted into good citizens, though they may retain certain
propensities developed under a rougher and more brutal system. To employ
excessive and brutalising punishments in order to suppress small
offences, is, therefore, to abandon the aim of civilising, to declare
internecine war against the class, and to regard them simply as a
nuisance to be abated. The effect might be, if the law could be carried
out, to prevent a certain number of crimes; but it must also be to
generate a more dangerous spirit in the class which you regard simply as
dangerous, instead of regarding it as the possible raw materials of a
more civilised and orderly society. Without attempting to dwell upon a
familiar argument, I merely say that this view of the case implies that
the governing power should be regarded, not simply as a machinery for
catching and killing noxious criminals, but as a great civilising
influence, suppressing all temptations to crime, where possible;
preferring prevention, in every practicable case, to punishment, and
making use of the clumsy, though necessary, weapons in the last resort;
and acting by a steady and regulated pressure upon all anti-social
elements. It is only possible to give a satisfactory theory of the jail
and the gallows, when you take them as a subordinate part of the system
which includes reformatories and schools, and due precautions for the
regular preservation of order. The ultimate criterion of justice is not
to be found in any attempt to form a debtor and creditor account between
the government and the individual; but in the civilising influence of
the system, taken as a whole.
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