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
And, finally, I come back to the other theory which I have noticed. To
supply the defects of the simply deterrent theory, it has been found
necessary, as I said, to invoke the vindictive theory. We should go, it
was suggested, upon the theory that a criminal is hateful, and,
therefore, that it should be a pleasure to punish him. The feelings of
resentment and moral indignation are parts of our nature, to which the
punishment of the offender affords them a legitimate gratification. Now,
to this, I should reply that, in the first place, I do not admit that
the desire for revenge, as usually understood, can ever be legitimate.
Revenge, as I understand the word, implies a personal feeling. It is
taking pleasure in giving pain to a man because he has given pain to me.
According to my view of morals, any pleasure in causing pain is, so far,
wrong; and the public punishment should be free from all personal
motive. I quite agree with Bentham that we ought not to take a positive
pleasure in the sufferings, even of the worst criminal; and to admit the
legitimacy of such pleasure is to admit an element of pure sentiment to
which it is difficult to assign any precise limits. If you allow
yourself to hate a man so as to take pleasure in his sufferings, you
might justify the infliction of superfluous torture and the old methods
of hanging, drawing, and quartering. To do so is precisely to approve
the ferocious old treatment, to which, as I conceive, the theory of
simple deterrence was an excellent corrective, in so far as it at least
implied a definite limit to the indulgence of fiercer passions. There
is, however, I think, an element of truth in the doctrine. I admit, that
is, that the punishment of a criminal should carry a moral approval, and
not be regarded purely as a measure of convenience. Successful crime
should be regarded with abhorrence. If a man convicted of a grave
offence should be allowed to go without punishment, we should be rightly
aggrieved. It is not, however, that we should take pleasure in his
suffering, but that we should be pained by an example of the practical
impunity of anti-social conduct. The escape of a murderer would, as we
should feel, be a blow to the security of all innocent people. In that
sense, we may take pleasure in his punishment, not in the sense of
positive enjoyment, but, certainly, in the sense of relief from positive
sense of evil. It is, and should be, painful to see the rogues flourish
and honest men droop, and to observe "captive good attending captain
ill". But the pleasure of seeing the necessary equilibrium restored is
different from the pleasure of dwelling upon the sufferings of the
disturber. The practical difference is that, while we regard the
infliction of suffering as necessary, we admit it to be a necessary
evil, and are keenly alive to the inability of keeping it within the
limits fixed by the general necessities of the law.
LUXURY.
Public-domain text, read in full here on John Shaqi.
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