The State cannot give up the claim that its _laws_ and ordinances are
_sacred_.[171] At this the individual ranks as the _unholy_[172]
(barbarian, natural man, "egoist") over against the State, exactly as he
was once regarded by the Church; before the individual the State takes
on the nimbus of a saint.[173] Thus it issues a law against dueling. Two
men who are both at one in this, that they are willing to stake their
life for a cause (no matter what), are not to be allowed this, because
the State will not have it: it imposes a penalty on it. Where is the
liberty of self-determination then? It is at once quite another
situation if, as _e. g._ in North America, society determines to let the
duelists bear certain evil _consequences_ of their act, _e. g._
withdrawal of the credit hitherto enjoyed. To refuse credit is
everybody's affair, and, if a society wants to withdraw it for this or
that reason, the man who is hit cannot therefore complain of
encroachment on his liberty: the society is simply availing itself of
its own liberty. That is no penalty for sin, no penalty for a _crime_.
The duel is no crime there, but only an act against which the society
adopts counter-measures, resolves on a _defence_. The State, on the
contrary, stamps the duel as a crime, _i. e._ as an injury to its sacred
law: it makes it a _criminal case_. The society leaves it to the
individual's decision whether he will draw upon himself evil
consequences and inconveniences by his mode of action, and hereby
recognizes his free decision; the State behaves in exactly the reverse
way, denying all right to the individual's decision and, instead,
ascribing the sole right to its own decision, the law of the State, so
that he who transgresses the State's commandment is looked upon as if he
were acting against God's commandment,--a view which likewise was once
maintained by the Church. Here God is the Holy in and of himself, and
the commandments of the Church, as of the State, are the commandments of
this Holy One, which he transmits to the world through his anointed and
Lords-by-the-Grace-of-God. If the Church had _deadly sins_, the State
has _capital crimes_; if the one had _heretics_, the other has
_traitors_; the one _ecclesiastical penalties_, the other _criminal
penalties_; the one _inquisitorial_ processes, the other _fiscal_; in
short, there sins, here crimes, there sinners, here criminals, there
inquisition and here--inquisition. Will the sanctity of the State not
fall like the Church's? The awe of its laws, the reverence for its
highness, the humility of its "subjects," will this remain? Will the
"saint's" face not be stripped of its adornment?
Public-domain text, read in full here on John Shaqi.
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