Nietzsche, Friedrich Wilhelm, 1844-1900; Nietzsche, Friedrich Wilhelm, 1844-1900 -- Criticism and interpretation; Philosophy
Carrying out the principle underlying the relationship of debtor and
creditor we arrive at the formation of the community. In return for
protection and for communal advantages the individual pledged his good
behaviour. When he violated this contract with the community, the
community, in the guise of the defrauded creditor, took its revenge, or
exacted its payment, from the debtor, the criminal. And, as was the
case in early history, the community deprived the violator of future
advantages and protection. The debtor was divested of all rights, even
of mercy, for then there were no degrees in law-breaking. Primitive law
was martial law. Says Nietzsche, "This shows why war itself (counting
the sacrificial cult of war) has produced all the forms under which
punishment has manifested itself in history." Later, as the community
gathered strength, the offences of the individual debtors were looked
upon as less serious. Out of its security grew leniency toward the
offender: the penal code became mitigated, and, as in all powerful
nations to-day, the criminal was protected. Only when there was a
consciousness of weakness in a community did the acts of individual
offenders take on an exaggerated seriousness, and under such conditions
the law was consequently harshest. Thus, justice and the infliction of
legal penalties are direct outgrowths of the primitive relation of debt
between individuals. Herein we have the origin of guilt.
Nietzsche attempts an elaborate analysis of the history of punishment,
in an effort to ascertain its true meaning, its relation to guilt
and to the community, and its final effects on both the individual
and society. It has been impossible to present the sequence of this
analysis by direct excerpts from his own words, due to the close,
synthetic manner in which he has made his research. Therefore I offer
the following brief exposition of pages 88 to 99 inclusive, in which he
examines the causes and effects of punishment. To begin with, Nietzsche
disassociates the "origin" and the "end" of punishment, and regards
them as two separate and distinct problems. He argues that the final
utility of a thing, in the sense that revenge and deterrence are the
final utilities of punishment, is in all cases opposed to the origin of
that thing; that every force or principle is constantly being put to
new purposes by forces greater than itself, thus making it impossible
to determine its inception by the end for which it is used. Therefore
the "function" of punishing was not conceived with a view to punishing,
but may have been employed for any number of ends, according as a will
to power has overcome that function and made use of it for its own
purpose: in short; punishment, like any organ or custom or "thing,"
has passed through a series of new interpretations and adjustments and
meanings--and is _not_ a direct and logical _progress as_ to an end.
Public-domain text, read in full here on John Shaqi.
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