Social Rights And Duties: Addresses to Ethical Societies. Vol 2 [of 2] — John Shaqi
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
This is, of course, a kind of excuse which would not free a man from the
gallows. It would simply suggest that punishment should not be
considered from the moral, but, if I may say so, from the sanitary point
of view. We should hang the murderer--not to satisfy our sense of
justice, but to get rid of a nuisance. I will not now inquire what may
be said upon that undoubtedly difficult problem; but I must touch upon
the previous question which is raised by the argument. Would our
supposed murderer make out a good case for himself? Is there no
difference between him and the maniac; or, rather, what is the nature of
the difference which we clearly recognise in practice? In the extreme
case which our ancestors took as the typical case, the madman kills
because he is under some complete illusion: he supposes that he is only
breaking a glass when he is really taking a life, and so forth. He is
therefore not wicked, but accidentally mischievous. We have now come to
recognise the existence of many states of mind intervening between this
and complete sanity. Among them, for example, is the state of mind of
the homicidal monomaniac, whose propensity is considered to be the cause
of his actions, and which may be consistent with his being in many other
respects capable of acting upon the ordinary motives and judging
reasonably in most of the affairs of life. What, then, is the meaning of
the statement that he is a madman, and therefore excusable? The
contention must, of course, be, in the first place, that his character
is in some way abnormal. He is not governable by the ordinary motives
which determine human action. But, beyond this, it is evident that the
abnormality is taken to mean something more than the mere deviation from
the average. A man may be abominably wicked, and yet not in the least
abnormal in the sense here required. He may be deficient in the higher
motives, and the more brutal passions may be unusually developed; and
yet we do not hold that he therefore deviates from the type. So, in a
different sphere, we may have one man possessing enormous strength and
another exceedingly feeble, one very active and another very clumsy;
and yet they may all be perfectly normal, they are free from physical
disease, and all their physical functions may be performed according to
the normal system. Entire freedom from disease, in short, is perfectly
compatible with exceedingly wide deviations from the average, with
capacity for walking a thousand miles in a thousand hours, or with
inability to walk a single mile; and yet such deviations do not imply a
departure from a certain common type. To say precisely what symptoms
indicate mere differences within the normal type, and what imply an
actual deviation from the type, is exceedingly difficult, if not
impossible; and yet that such a distinction exists has to be constantly
recognised. "So-and-so is delicate, but not diseased; feeble, but not
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