§ 3. Let us proceed, then, to consider how far the social sanction in
such cases supplies the defects of the legal. No doubt the hope of
praise and liking and services from one’s fellow-men, and the fear
of forfeiting these and incurring instead aversion, refusal of aid,
and social exclusion, are considerations often important enough to
determine the rational egoist to law-observance, even in default of
adequate legal penalties. Still these sanctions are liable to fail
just where the legal penalties are defective; social no less than
legal penalties are evaded by secret crimes; and in cases of criminal
revolutionary violence, the efficacy of the social sanction is apt
to be seriously impaired by the party spirit enlisted on the side of
the criminal. For it has to be observed that the force of the social
sanction diminishes very rapidly, in proportion to the number of
dissidents from the common opinion that awards it. Disapprobation that
is at once intense and quite universal would be so severe a penalty
as perhaps to outweigh any imaginable advantages; since it seems
impossible for a human being to live happily, whatever other goods
he may enjoy, without the kindly regards of some of his fellows: and
so, in contemplating the conventional portrait of the tyrant, who is
represented as necessarily suspicious of those nearest him, even of
the members of his own family, we feel prepared to admit that such
a life must involve the extreme of unhappiness. But when we turn
to contemplate the actual tyrannical usurpers, wicked statesmen,
successful leaders of unwarranted rebellion, and, speaking generally,
the great criminals whose position raises them out of the reach of
legal penalties, it does not appear that the moral odium under which
they lie must necessarily count for much in an egoistic calculation of
the gain and loss resulting from their conduct. For this disesteem
is only expressed by a portion of the community: and its utterance
is often drowned in the loud-voiced applause of the multitude whose
admiration is largely independent of moral considerations. Nor are
there wanting philosophers and historians whose judgment manifests a
similar independence.
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