The English Prison SystemRuggles-Brise, Evelyn, Sir
History
The English Prison System
Ruggles-Brise, Evelyn, Sir
Prisons -- Great Britain
All agree that the System should be, as far as possible, 'Reformatory,'
but many are tempted to overlook that it must be also, if punishment
is to have any meaning, coercive, as restraining liberty; deterrent,
as an example; and retributory, in the sense of enforcing a penalty
for an offence. When Plato said that the object of punishment is to
"make an offender good," he did not intentionally underestimate the
'retributory' theory of punishment. He only meant that, in the language
of modern philosophy, we must respect the reversionary rights of
humanity, and while inflicting punishment for an anti-social act, must
not lose sight of the duty of restoring, if possible, the offender to
society as a better man or woman. As stated by the Committee of 1894,
we must not regard him or her as "a hopeless and worthless element
of the community." It must be admitted that chastisement by pain
(_i.e._ temporary deprivation of liberty and all that that implies)
appeals only to the lower nature, but it is effective in suggesting
the consciousness of what the system of human rights means--the system
which is maintained by a strong collective determination that it shall
not be violated with impunity. This is commonly called 'retribution,'
but it has nothing to do with vindictiveness or private vengeance.
Society without such a collective determination to resent and punish
anti-social acts would be a welter of anarchy and disorder. Let us not
then be tempted in the goodness of our hearts, and in the strength of
our human pity and sympathy, to overlook the necessary foundation of
punishment, which is the assertion of the system of rights by pain
or penalty--not pain in its physical sense, but pain that comes from
degradation and the loss of self-respect.
There is some confusion in the everyday use of the phrases 'Prison
Reform' and 'Penal Reform'. Formerly, 'Prison Reform' meant the
structural reform of prisons, sanitation, order, cleanliness. To-day,
it means the reform of the "prisoner" by improved methods of influence
and treatment while in prison. 'Penal Reform' means strictly the
reform of penal law, or of the system of punishment--a question of
State policy, with which Parliament and the Judiciary are primarily
concerned. These are, of course, greatly influenced by public sentiment
and opinion. It is a difficult, complex, and subtle problem, for
the solution of which we require legal knowledge, administrative
experience, and a nice judgment of the temper of the community, and
of the balance which should be kept between the just, and even stern,
maintenance of the system of public rights and the rights of the
individual human being, which must always be respected, even under
chastisement. 'Prison Reform' is not a theory of punishment: it is an
incident of it: it is a question how far we can assert the rights of
the State without unnecessary, or excessive, or unprofitable moral and
physical damage to the individual.
Public-domain text, read in full here on John Shaqi.
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