XI. CRIME AND PUNISHMENT.

The human concept of Sin has had its uses no doubt; and our special

invention of a thing called Punishment has also served a purpose.

Social evolution has worked in many ways wastefully, and with

unnecessary pain, but it compares very favorably with natural evolution.

As we grow wiser; as our social consciousness develops, we are beginning

to improve on nature in more ways than one; a part of the same great

process, but of a more highly sublimated sort.

Nature shows a world of varied and changing environment. Into this comes

Life--flushing and spreading in every direction. A pretty hard time Life

has of it. In the first place it is dog eat dog in every direction; the

joy of the hunter and the most unjoyous fear of the hunted.

But quite outside of this essential danger, the environment waits, grim

and unappeasable, and continuously destroys the innocent myriads who

fail to meet the one requirement of life--Adaptation. So we must not be

too severe in self-condemnation when we see how foolish, cruel, crazily

wasteful, is our attitude toward crime and punishment.

We become socially conscious largely through pain, and as we begin to

see how much of the pain is wholly of our own causing we are overcome

with shame. But the right way for society to face its past is the same

as for the individual; to see where it was wrong and stop it--but to

waste no time and no emotion over past misdeeds.

What is our present state as to crime? It is pretty bad. Some say it is

worse than it used to be; others that it is better. At any rate it is

bad enough, and a disgrace to our civilization. We have murderers by

the thousand and thieves by the million, of all kinds and sizes; we have

what we tenderly call "immorality," from the "errors of youth" to the

sodden grossness of old age; married, single, and mixed. We have all the

old kinds of wickedness and a lot of new ones, until one marvels at the

purity and power of human nature, that it should carry so much disease

and still grow on to higher things.

Also we have punishment still with us; private and public; applied like

a rabbit's foot, with as little regard to its efficacy. Does a child

offend? Punish it! Does a woman offend? Punish her! Does a man offend?

Punish him! Does a group offend? Punish them!

"What for?" some one suddenly asks.

"To make them stop doing it!"

"But they have done it!"

"To make them not do it again, then."

"But they do do it again--and worse."

"To prevent other people's doing it, then."

"But it does not prevent them--the crime keeps on. What good is your

punishment?"

What indeed!

What is the application of punishment to crime? Its base, its

prehistoric base, is simple retaliation; and this is by no means wholly

male, let us freely admit. The instinct of resistance, of opposition, of

retaliation, lies deeper than life itself. Its underlying law is the law

of physics--action and reaction are equal. Life's expression of this

law is perfectly natural, but not always profitable. Hit your hand on a

stone wall, and the stone wall hits your hand. Very good; you learn that

stone walls are hard, and govern yourself accordingly.

Conscious young humanity observed and philosophized, congratulating

itself on its discernment. "A man hits me--I hit the man a little

harder--then he won't do it again." Unfortunately he did do it again--a

little harder still. The effort to hit harder carried on the action and

reaction till society, hitting hardest of all, set up a system of legal

punishment, of unlimited severity. It imprisoned, it mutilated, it

tortured, it killed; it destroyed whole families, and razed contumelious

cities to the ground.

Therefore all crime ceased, of course? No? But crime was mitigated,

surely! Perhaps. This we have proven at last; that crime does not

decrease in proportion to the severest punishment. Little by little we

have ceased to raze the cities, to wipe out the families, to cut off the

ears, to torture; and our imprisonment is changing from slow death and

insanity to a form of attempted improvement.

But punishment as a principle remains in good standing, and is still the

main reliance where it does the most harm--in the rearing of children.

"Spare the rod and spoil the child" remains in belief, unmodified by the

millions of children spoiled by the unspared rod.

The breeders of racehorses have learned better, but not the breeders of

children. Our trouble is simply the lack of intelligence. We face the

babyish error and the hideous crime in exactly the same attitude.

"This person has done something offensive."

Yes?--and one waits eagerly for the first question of the rational

mind--but does not hear it. One only hears "Punish him!"

What is the first question of the rational mind?

"Why?"

Human beings are not first causes. They do not evolve conduct out of

nothing. The child does this, the man does that, _because_ of something;

because of many things. If we do not like the way people behave, and

wish them to behave better, we should, if we are rational beings, study

the conditions that produce the conduct.

The connection between our archaic system of punishment and our

androcentric culture is two-fold. The impulse of resistance, while, as

we have seen, of the deepest natural origin, is expressed more strongly

in the male than in the female. The tendency to hit back and hit harder

has been fostered in him by sex-combat till it has become of great

intensity. The habit of authority too, as old as our history; and

the cumulative weight of all the religions and systems of law and

government, have furthermore built up and intensified the spirit of

retaliation and vengeance.

They have even deified this concept, in ancient religions, crediting to

God the evil passions of men. As the small boy recited; "Vengeance. A

mean desire to get even with your enemies: 'Vengeance is mine saith the

Lord'--'I will repay.'"

The Christian religion teaches better things; better than its expositors

and upholders have ever understood--much less practised.

The teaching of "Love your enemies, do good unto them that hate you, and

serve them that despitefully use you and persecute you," has too

often resulted, when practised at all, in a sentimental negation; a

pathetically useless attitude of non-resistance. You might as well base

a religion on a feather pillow!

The advice given was active; direct; concrete. "_Love!_" Love is not

non-resistance. "Do good!" Doing good is not non-resistance. "Serve!"

Service is not non-resistance.

Again we have an overwhelming proof of the far-reaching effects of

our androcentric culture. Consider it once more. Here is one by nature

combative and desirous, and not by nature intended to monopolize the

management of his species. He assumes to be not only the leader, but the

whole thing--to be humanity itself, and to see in woman as Grant Allen

so clearly put it "Not only not the race; she is not even half the race,

but a subspecies, told off for purposes of reproduction merely."

Under this monstrous assumption, his sex-attributes wholly identified

with his human attributes, and overshadowing them, he has imprinted on

every human institution the tastes and tendencies of the male. As a male

he fought, as a male human being he fought more, and deified fighting;

and in a culture based on desire and combat, loud with strident

self-expression, there could be but slow acceptance of the more human

methods urged by Christianity. "It is a religion for slaves and women!"

said the warrior of old. (Slaves and women were largely the same

thing.) "It is a religion for slaves and women" says the advocate of the

Superman.

Well? Who did the work of all the ancient world? Who raised the food

and garnered it and cooked it and served it? Who built the houses, the

temples, the aqueducts, the city wall? Who made the furniture, the

tools, the weapons, the utensils, the ornaments--made them strong and

beautiful and useful? Who kept the human race going, somehow, in spite

of the constant hideous waste of war, and slowly built up the real

industrial civilization behind that gory show?--Why just the slaves and

the women.

A religion which had attractions for the real human type is not

therefore to be utterly despised by the male.

In modern history we may watch with increasing ease the slow, sure

progress of our growing humanness beneath the weakening shell of an

all-male dominance. And in this field of what begins in the nurse as

"discipline," and ends on the scaffold as "punishment," we can clearly

see that blessed change.

What is the natural, the human attribute? What does this "Love," and

"Do good," and "Serve" mean? In the blundering old church, still

androcentric, there was a great to-do to carry out this doctrine, in

elaborate symbolism. A set of beggars and cripples, gathered for the

occasion, was exhibited, and kings and cardinals went solemnly through

the motions of serving them. As the English schoolboy phrased it,

"Thomas Becket washed the feet of leopards."

Service and love and doing good must always remain side issues in a male

world. Service and love and doing good are the spirit of motherhood, and

the essence of human life.

Human life is service, and is not combat. There you have the nature of

the change now upon us.

What has the male mind made of Christianity?

Desire--to save one's own soul. Combat--with the Devil.

Self-expression--the whole gorgeous outpouring of pageant and display,

from the jewels of the high priest's breastplate to the choir of

mutilated men to praise a male Deity no woman may so serve.

What kind of mind can imagine a kind of god who would like a eunuch

better than a woman?

For woman they made at last a place--the usual place--of renunciation,

sacrifice and service, the Sisters of Mercy and their kind; and in

that loving service the woman soul has been content, not yearning for

cardinal's cape or bishop's mitre.

All this is changing--changing fast. Everywhere the churches are

broadening out into more service, and the service broadening out beyond

a little group of widows and fatherless, of sick and in prison, to

embrace its true field--all human life. In this new attitude, how shall

we face the problems of crime?

Thus: "It is painfully apparent that a certain percentage of our people

do not function properly. They perform antisocial acts. Why? What is the

matter with them?"

Then the heart and mind of society is applied to the question, and

certain results are soon reached; others slowly worked toward.

First result. Some persons are so morally diseased that they must have

hospital treatment. The world's last prison will be simply a hospital

for moral incurables. They must by no means reproduce their kind,--that

can be attended to at once. Some are morally diseased, but may be cured,

and the best powers of society will be used to cure them. Some are only

morally diseased because of the conditions in which they are born and

reared, and here society can save millions at once.

An intelligent society will no more neglect its children than an

intelligent mother will neglect her children; and will see as clearly

that ill-fed, ill-dressed, ill-taught and vilely associated little ones

must grow up gravely injured.

As a matter of fact we make our crop of criminals, just as we make our

idiots, blind, crippled, and generally defective. Everyone is a baby

first, and a baby is not a criminal, unless we make it so. It never

would be,--in right conditions. Sometimes a pervert is born, as

sometimes a two-headed calf is born, but they are not common.

The older, simpler forms of crime we may prevent with case and despatch,

but how of the new ones?--big, terrible, far-reaching, wide-spread

crimes, for which we have as yet no names; and before which our old

system of anti-personal punishment falls helpless? What of the crimes

of poisoning a community with bad food; of defiling the water; of

blackening the air; of stealing whole forests? What of the crimes of

working little children; of building and renting tenements that produce

crime and physical disease as well? What of the crime of living on the

wages of fallen women--of hiring men to ruin innocent young girls; of

holding them enslaved and selling them for profit? (These things are

only "misdemeanors" in a man-made world!)

And what about a crime like this; to use the public press to lie to

the public for private ends? No name yet for this crime; much less a

penalty.

And this: To bring worse than leprosy to an innocent clean wife who

loves and trusts you?

Or this: To knowingly plant poison in an unborn child?

No names, for these; no "penalties"; no conceivable penalty that could

touch them.

The whole punishment system falls to the ground before the huge mass of

evil that confronts us. If we saw a procession of air ships flying

over a city and dropping bombs, should we rush madly off after each

one crying, "Catch him! Punish him!" or should we try to stop the

procession?

The time is coming when the very word "crime" will be disused, except in

poems and orations; and "punishment," the word and deed, be obliterated.

We are beginning to learn a little of the nature of humanity its

goodness, its beauty, its lovingness; and to see that even its stupidity

is only due to our foolish old methods of education.

It is not new power, new light, new hope that we need, but _to

understand what ails us._

We know enough now, we care enough now, we are strong enough now, to

make the whole world a thousand fold better in a generation; but we are

shackled, chained, blinded, by old false notions. The ideas of the past,

the sentiments of the past, the attitude and prejudices of the past, are

in our way; and among them none more universally mischievous than this

great body of ideas and sentiments, prejudices and habits, which make up

the offensive network of the androcentric culture.

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