The Philosophy of Friedrich NietzscheMencken, H. L. (Henry Louis)
Philosophy
The Philosophy of Friedrich Nietzsche
Mencken, H. L. (Henry Louis)
Nietzsche, Friedrich Wilhelm, 1844-1900; Philosophy, German -- 19th century
From all this Nietzsche argues that our modern law is the outgrowth
of the primitive idea of barter--of the idea that everything has an
equivalent and can be paid for--that when a man forgets or fails
to discharge an obligation in one way he may wipe out his sin by
discharging it in some other way. "The earliest relationship that ever
existed," he says, "was the relationship between buyer and seller,
creditor and debtor. On this ground man first stood face to face
with man. No stage of civilization, however inferior, is without the
institution of bartering. To fix prices, to adjust values, to invent
equivalents, to exchange things--all this has to such an extent
preoccupied the first and earliest thought of man, that it may be said
to constitute thinking itself. Out of it sagacity arose, and out of
it, again, arose man's first pride--his first feeling of superiority
over the animal world. Perhaps, our very word man (_manus_) expresses
something of this.[2] Man calls himself the being who weighs and
measures."[3]
Now besides the contract between man and man, there is also a contract
between man and the community. The community agrees to give the
individual protection and the individual promises to pay for it in
labor and obedience. Whenever he fails to do so, he violates his
promise, and the community regards the contract as broken. Then "the
anger of the outraged creditor--or community--withdraws its protection
from the debtor--or law-breaker--and he is laid open to all the dangers
and disadvantages of life in a state of barbarism. Punishment, at this
stage of civilization, is simply the image of a man's normal conduct
toward a hated, disarmed and cast-down enemy, who has forfeited not
only all claims to protection, but also all claims to mercy. This
accounts for the fact that war (including the sacrificial cult of war)
has furnished all the forms in which punishment appears in history."[4]
It will be observed that this theory grounds all ideas of justice and
punishment upon ideas of expedience. The primeval creditor forced his
debtor to pay because he knew that if the latter didn't pay he (the
creditor) would suffer. In itself, the debtor's effort to get something
for nothing was not wrong, because, as we have seen in previous
chapters, this is the ceaseless and unconscious endeavor of every
living being, and is, in fact, the most familiar of all manifestations
of the primary will to live, or more understandably, of the will to
acquire power over environment. But when the machinery of justice
was placed in the hands of the state, there came a transvaluation of
values. Things that were manifestly costly to the state were called
wrong, and the old individualistic standards of good and bad--_i.e._
beneficial and harmful--became the standards of good and evil--_i.e._
right and wrong.
Public-domain text, read in full here on John Shaqi.
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