A Vision of the Future, Based on the Application of Ethical Principles
David Hume · en
But it is not right to hate criminals. It is morally wrong, i.e. it is
contrary to these laws of nature, by which alone an elevated and happy
social life may be attained. The emotion of hatred creates vibrations
producing evil on the moral plane, as certainly as discordant sounds,
acting on sensitive ears, produce discomfort; and, if persisted in,
produce organic disorganization on the physical plane. Hence, all
punishment or legal procedure directed against crime, having hatred at
its foundation, or historic base, must fail. On the negative side,
hatred has proved ineffectual in protecting society from crime. On the
positive side, it increases the anti-social feelings, whose natural
outcome is crime, and frustrates, or annuls, the human forces of love,
which already widely existent, and swaying humanity’s best types, are
the true evolutional factors by which to annihilate crime.
Mr. Justice Matthew was simply asserting a fact of social science when
he stated that the criminal law is out of date. It consists with a
primitive stage of social life; but it is totally inconsistent with even
the semi-civilization of to-day. The fundamental discord between our
action and feeling relative to crime declares itself in the uncertainty
of a criminal’s fate and the steady survival of his type. But, my
reader, while accepting Justice Matthew’s premise, may doubt the
conclusion at which Judge Fitz-Stephen arrived—that vindictiveness or
hate lies at the root of our criminal code, and that our punishments
express it. Moreover, he may condemn by anticipation a supposed tendency
on my part to censure all punishments, and rely solely on a
_laissez-faire_ system of dealing with crime. Scientific meliorism,
however, does not imply anarchy or the absence of governing law. Its
methods repudiate the _laissez-faire_ principle in every department of
life, for this reason: Our developed faculties and accumulated knowledge
make untenable the negative or inert position. We are impelled in an
epoch of conscious evolution to take positive action favourable to
progress.
My contention is this: love of all men, not hatred of any man or class
of men ought to be the basis of our criminal code. Modern science,
experience and skill are competent to redeem the criminal class,
speaking generally, and in exceptional cases, where redemption is
impossible, can render the criminal innocuous to society, while giving
him throughout life such innocent happiness as a being organically
defective may enjoy.