As for the sterilization of habitual criminals, not merely must we
know more of heredity and genetics in general, but also acquire
more certainty of the justice of our laws and the honesty of their
administration before we can make rulings of fitness or unfitness merely
upon the basis of a respect for law. On this point the eminent William
Bateson writes:(6) "Criminals are often feeble-minded, but as regards
those that are not, the fact that a man is for the purposes of Society
classified as a criminal, tells me little as to his value, still less
as to the possible value of his offspring. It is a fault inherent in
criminal jurisprudence, based on non-biological data, that the law must
needs take the nature of the offenses rather than that of the offenders
as the basis of classification. A change in the right direction has
begun, but the problem is difficult and progress will be very slow.... We
all know of persons convicted, perhaps even habitually, whom the
world could ill spare. Therefore I hesitate to proscribe the criminal.
Proscription... is a weapon with a very nasty recoil. Might not some
with equal cogency proscribe army contractors and their accomplices,
the newspaper patriots? The crimes of the prison population are petty
offenses by comparison, and the significance we attach to them is a
survival of other days. Felonies may be great events, locally, but they
do not induce catastrophies. The proclivities of the war-makers are
infinitely more dangerous than those of the aberrant beings whom from
time to time the law may dub as criminal. Consistent and portentous
selfishness, combined with dullness of imagination is probably just as
transmissible as want of self-control, though destitute of the amiable
qualities not rarely associated with the genetic composition of persons
of unstable mind."
In this connection, we should note another type of "respectable"
criminality noted by Havelock Ellis: "If those persons who raise the cry
of `race-suicide' in face of the decline of the birth-rate really had
the knowledge and the intelligence to realize the manifold evils which
they are invoking, they would deserve to be treated as criminals."
Our debt to the science of Eugenics is great in that it directs our
attention to the biological nature of humanity. Yet there is too great
a tendency among the thinkers of this school, to restrict their ideas
of sex to its expression as a purely procreative function. Compulsory
legislation which would make the inevitably futile attempt to prohibit
one of the most beneficent and necessary of human expressions, or
regulate it into the channels of preconceived philosophies, would reduce
us to the unpleasant days predicted by William Blake, when
"Priests in black gowns will be walking their rounds And binding with
briars our joys and desires."
Public-domain text, read in full here on John Shaqi.
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