CHAPTER XII

WHO DESERVES PUNISHMENT

If there is any justice in human punishment it must be based upon the

theory of intrinsic evil in the victim. Punishment cannot be justified

because of the violation of human law. To violate law is often the

highest, most sacred duty that can devolve upon the citizen, and even

were it not, the condition of the heart is the test of the evil or

good purpose, not the good or evil of the act. The world worships and

venerates many of its dead because they violated human law. Every new

religion, every social advancement has been carried on in violation

of human law. The criminals who, in the face of contumely, hatred or

violence, have led the world to a higher standard and brought humanity to

a diviner order, have so loved truth and righteousness as to defy the

law, and in every age these men have met the life of outcasts, and the

death of felons. Whatever may be said of the necessity of government to

protect itself, no one can believe that any human being merits punishment

for following his own highest ideal. Punishment can only be in any wise

defended upon the theory that the individual is untrue to himself, that

his heart is bad. But all schemes of human punishment seem specially

contrived to exempt this class of men. Those who are untrue to themselves

find no difficulty in obeying the state, or at least in seeming to be

subservient to its laws. The cunning man without strong convictions of

right and wrong can always find ample room to operate his trade inside

the dead line the law lays down. Even Blackstone wrote that a man who

governed his conduct solely by the law was neither an honest man nor a

good citizen. The penal code cannot pretend to cover all the vicious acts

of men. If there is a distinction between vicious acts and righteous

acts, each are so numerous that even to catalogue them would be beyond

the power of the state. The most that the penal code pretends to do is to

choose a number of fairly well classified acts and to set penalties for

these crimes. The men who really entail the most evil and suffering on

mankind easily shape their conduct to avoid these acts. If perchance they

wish in effect to do some things forbidden by the law, they are able by

their wealth to have skilled lawyers who can show them how to accomplish

the same object by indirect means. The hollow hearted man, the whited

sepulcher is the last to violate the law. To support the state and be

noisily patriotic is a large part of his stock in trade. As a rule it is

only the weak or the extremely conscientious or devoted that violate the

law, and it does not follow that these or any other class really intend a

wrong or consider it in any such light as their judge, when they commit

an act forbidden by the law.

A very large number of acts of individual violence come from sudden

feeling and passion, which is purely a physical, or more properly, a

mechanical act. Certain motives or feelings operating upon a given brain

produce a given result; whereas operating upon another brain, they might

produce a very different effect. It is like a body in mechanics operating

upon another smaller or larger body. The laws of the universe are not

at work in one place and held in abeyance in another. In these cases

reason and judgment have no opportunity to act. Reflection and conscience

in no wise enter into the affair. Feeling, emotion, passion alone are

responsible for the deed. The human feelings as they sweep through that

uncharted land the human soul, produce infinitely varied results, like

the moving wind, whose sound depends entirely upon the unconscious

instrument with which it toys.

Resist not evil · 第 12 / 16 章