CHAPTER VIII

THE SANCTIONS OF MORALITY

The concept of Morality includes an idea of compulsion, of coercion. A

voice says to man: "You must!" or "You may not!" It commands him to do,

or to refrain from doing, something. If he obeys, all is well; but if he

takes no notice of it, pays no heed to it, the question arises: "What

now? Will the voice rest content with crying in the wilderness? Will it

not mind speaking to deaf ears? Will the refractory individual not

suffer for disregarding it, or has it means to enforce obedience, and

what are these means?"

The answer to this question depends on what view one holds as to the

nature of this monitory, warning, commanding voice. Whoever believes in

Kant's categorical imperative must admit that this word of command is

denuded of all power of coercion and must absolutely rely on the good

will of the individual in whose soul it makes itself heard. According to

Kant the moral law aims at no extraneous result, no utility. It is its

own aim and object. But its own aim is fulfilled as soon as the

categorical imperative has spoken, whether the individual acts in

accordance with it or not. It has therefore in principle no sanction.

True, Kant contradicts himself, for after having sternly excluded from

his doctrine all utility as the end of Morality, all trace of feeling

from moral action, he smuggles blissful happiness in by a back door; the

result of submission to the moral law and its dutiful fulfilment, he

declares, will be bliss. Bliss, however you interpret it, is a

pleasurable emotion. Whether you act morally with the declared intention

of attaining the pleasurable emotion of bliss, or whether this

pleasurable emotion comes of its own accord as an undesired reward when

you have acted morally merely from a feeling of duty, without a thought

for such a result, without a wish to attain it, it makes no difference

to the fact that moral action actually meets with a reward. Kant does

not openly promise this, but with a wink he whispers in your ear that

there is a prospect of it.

Nor does it alter the further fact that Kant, having contemptuously

expelled Eudæmonism from his system, reinstates it with full honours.

Once it has been conceded that moral conduct makes man blissful, in

other words gives him a reward, the categorical imperative also has a

sanction, albeit a very insufficient one. He who fulfils the moral law

attains bliss; that is a spur whether you admit it or not. But he who

does not fulfil it loses this advantage, otherwise, however, nothing

happens to him. The sanction, therefore, is onesided. A reward is

offered for the fulfilment of the moral law, but there is no punishment

for its non-fulfilment. For it is no penalty if bliss is withheld from

him who has no conception of it and no desire for it. No matter, then,

if the moral law be eternal and immutable as the stars above us, if it

be categorical, if it be fulfilled, not owing to a conception of its

effect, not from liking for this effect, but from an inner necessity, it

ceases to be a living force for mankind or to have any practical

significance; for the single thread which unites it with human

feelings--the whispered, vague promise of bliss--is too thin. Feeling

which has no knowledge of this misty bliss, and therefore no yearning

for it, is uninfluenced by the categorical moral law. Reason is not

necessarily convinced that it is right and valid. The moral law abides

like the stars with which it is arbitrarily compared, itself a star in

airless space, pursuing its course regardless of humanity, having no

relation to it or connexion with it; regard for or disregard of the

moral law makes no perceptible difference, and it ceases to have any but

a kind of astronomical interest for mankind, a purely theoretical

interest for purposes of scientific observation and calculation, and is

in no way applicable to the feelings, thoughts and actions of men.

Theological Morality adopts a widely different point of view. Its logic

compels it to provide the most effective sanctions. God is the lawgiver

of Morality. He prescribes with dictatorial omniscience what is good,

what is bad, what should be practised and what avoided. Obedience earns

a glorious reward, revolt entails the most terrible punishment. Reward

and punishment are eternal, or may in certain circumstances be so, and

this, by the way, is cruelty which ill accords with the universal

goodness ascribed to God. For human understanding will never be

persuaded, will never be able to grasp, that a sinner, however grave

and numerous his sins committed during the brief period of the fleeting

life of man, can ever deserve an eternity of the most fearful

punishment. The lack of proportion between the deed and the penalty is

so monstrous that it is felt to be the gravest injustice, against which

both Reason and feeling revolt. Imagination can conceive hell fire that

lasts a certain time and has an aim, like life with its praiseworthy and

wicked deeds, but it boggles at the idea of a hell from which there is

no escape and the agonies of which are endless.

The Old Testament conceives the sanctions of the moral law enunciated by

God in a thoroughly realistic manner. Fulfil the commandment "that thy

days may be long in the land." If you disobey, the curse of the Lord

will be on you and you will be pursued by His anger unto the fourth

generation. Christianity considered it dubious to make this life the

scene of reward and punishment. It is imprudent to let divine justice

rule here below, so to say, in public, before an audience and

representatives of the Press who attentively follow the proceedings,

watch all its details, and can judge whether the verdict is put into

execution. Prudence demands that the trial should take place in the next

world, where it is protected from annoying curiosity. Mocking onlookers

cannot then observe that it is only in the dramas of noble-minded poets

that in the last act vice is inevitably punished and virtue rewarded,

while in real life only too often merit starves, suffers humiliation and

poverty and altogether leads a miserable existence, while sin flourishes

in an objectionable manner and to the very end revels in all the good

things of this earth. However, the religious moralists painted such a

vivid and arresting picture of what awaits the sinners in the next

world, that if men had not been obdurate in their disbelief they must

have shudderingly realized it, as if it actually happened in this world.

Words from the pulpit admonishing men to obey God's law under penalty of

most terrible punishment were greatly emphasized by the paintings and

sculpture over the altars and the church doors, where all the tortures

of hell were depicted by great artists who put all their imagination and

all their genius into the work.

As innumerable people have testified, these representations were taken

so literally, not only by the simple-minded masses but also by the more

highly educated, that they were haunted by them, waking and sleeping,

and imagined that in their own flesh they felt the torture of flames, of

boiling pitch, of the prick of the pitchfork as the devil turned them on

the grid, of the teeth with which the spirits of hell tore their flesh

from their bones. The fear of hell poisoned many a life up till quite

recently, especially in Scotland, and kept people in a constant state of

agitation and anguish which occasionally rose to mad despair. It is

remarkable that only punishment was so impressively held up to man's

view, but not reward. Pictures of paradise are much less rich and varied

than those of hell, and its joys are peculiarly modest. The inventive

powers of painters, sculptors, and poets did not rise above a

beautifully illuminated hall where the blessed are ranged around God's

throne and with folded hands sing hymns of praise to Him, while angels

play an accompaniment on trumpets and fiddles. A prayer meeting, a choir

and a concert of music, that is all that Christian eschatology holds out

as an eternal reward to virtue. It redounds to its credit that it

assumes a sufficiently modest taste among the good to make them long for

these joys and find infinite happiness in them.

Islam does not count on such moderation. The joys of paradise that it

promises are so crudely sensual that they may well arouse lust in coarse

natures, and can counterbalance the fear of hell fire. The ideas of the

reward of merit in the hereafter held by the northern nations, Germans

and Scandinavians, are just as low and coarse. For the Mohamedans

paradise is a harem; for the worshippers of Odin it is a pot-house where

there are free drinks and a jolly brawl to end up with. Heroes who fall

in battle--they knew no virtues but a warlike spirit and contempt of

death--enter Valhalla, where they partake of the everlasting orgies of

the gods, drink unlimited quantities of mead and beer, and fight for

them to their heart's content without taking any harm. The North

American Indians hope, after leading a model life, to be gathered to the

Great Spirit, and in the happy hunting grounds of heaven evermore to

kill abundant game. Only Buddhism comforts the virtuous man with finer

and more spiritual hopes. From out his world of weariness and pessimism

it opens up the prospect of Nirvana to him, that is, of the end of all

feeling, which after all can only be painful, and of all thought, which

after all is only melancholy and despair, and of the volatilization of

the personality, the only real release; while it condemns the sinner to

the worst punishment, continued existence in ever new incarnations.

These are indeed extraordinarily vigorous sanctions, which, though they

fail to have any effect on the unbeliever, make a very deep impression

on the believer, and are well fitted to determine his actions. But they

imply a debasement of the motives for leading a moral life, which are no

longer the outcome of insight and a convinced desire for good, but the

result of fear and avidity, a speculation for profit, a prudent flight

from danger. The practice of morality becomes a safe investment for the

father of a family who hopes to find his savings augmented by interest

in the hereafter, and the avoidance of vice becomes a schoolboy's fear

of punishment. Nevertheless, the view is widely held by superficial,

practical men that these imaginary and deceptive sanctions of Morality

cannot be dispensed with, that only the fear of hell can keep the masses

from giving themselves up to every form of vice and crime, that only the

promise of paradise is capable of inducing them to act unselfishly and

make sacrifices, and that all bonds of discipline would be loosened if

they ceased to believe in a last judgment and an hereafter with its

rewards and punishments.

This whole system of sanctions in a future life is a transcendental

projection (according with primitive, childlike thought) of immanent

practices and forms in the positive administration of justice which are

transferred to a class of actions that successfully evade it.

Traditional and customary Law, as well as written Law, puts its whole

emphasis on sanctions; it partakes itself of the nature of a sanction.

Without sanctions it has no meaning. It is not kindly counsel, nor

fatherly admonition, nor wise advice, it is a stern command, it is

coercion, and this arouses only scorn if it is not armed with the means

to make itself a reality to which the unwilling must also submit,

because they cannot help themselves. There is no law, there can be no

law, which is not supplemented by arrangements that make it binding for

everyone.

In the British House of Commons it has been customary for many hundred

years to designate members as the representatives of their particular

constituency. Only if a member commits a grave offence against the rules

of the House does he run the risk of the Speaker's calling him by name,

but this case has not arisen within the memory of man. A disrespectful

Irish member of Parliament, urged by perverse curiosity, asked the

Speaker one day: "What would happen if you called me by my name?" The

Speaker thought for a short time and then answered with impressive

gravity: "I have no idea, but it must be something terrible." Such a

mysterious threat of an unknown catastrophe may suffice for a picked

assembly whose members would no doubt maintain order and observe all the

rules of parliamentary decency, even if they were not held in check by

the fear of some dark danger. It would not be sufficient by a long way

to guarantee the rule of Law in a society which includes individuals of

the most varied disposition, mind development, education and strength of

impulse.

Positive Law, as I have shown, presents a very simplified excerpt of

Morality for the use of coarser natures. It is a summary of the minimum

of self-denial, consideration for one's fellow men, and the feeling of

joint responsibility, the observance of which the community must

pitilessly demand from all its members if it is to continue to exist and

not fall back within a very short time into the state of Hobbes's war of

all against all. The necessity of self-preservation makes it a duty for

the community to provide for the case that one of its members refuses to

accept the minimum of discipline and to recognize the claims of another

personality. The community prevents this revolt, which would frustrate

its aim and endanger its existence, by employing physical force to break

all resistance to the Law which it must, for the common weal, impose on

all its members. That is an extraneous compulsion that certainly has

something brutal and unworthy of man about it and may well arouse

discomfort in more highly developed minds. It would undoubtedly be more

dignified and better if there were no need for the handcuffs of the

police, for prison cells and executioners, if man's own insight and the

admonition of his conscience were enough to constrain everyone to

respect the Law, that is, to practise a minimum of Morality.

But the community cannot wait until this stage of moral development has

been generally attained. It refuses to entrust its existence to the

spiritual purity of all its members. On principle it disregards

processes in the consciousness of the individual--I have cited in an

earlier chapter the few exceptions to this rule: investigation as to

premeditation, accountability, freedom from undue influence--and keeps

to actions which alone it judges. It declares itself incompetent to

pronounce sentence upon a "storm inside a skull," to quote Victor Hugo.

Its sphere is that of obvious facts. Not until subjective impulses and

decisions are manifested in outward form does it intervene with methods

of the same order, with outward coercion. The sanctions of its law are

material, are punishments and fines. It hits the wrongdoer over the head

and on his hands and forcibly empties his pockets. To look into his soul

and set matters to rights there is a task undertaken much later by

law-givers. It was only after they had remembered that the source of law

is Morality and that its ultimate aim is not the bare attainment of a

state of mutual respect for one another's rights, but the education of

the community to a universal condition of self-discipline, consideration

and neighbourly love, that the law-givers made a point not only of

requiting the bad man's misdeeds, but also of trying to elevate him

morally.

At different times, at different stages of civilization, and according

to the current views of the universe, society has interpreted in

different ways the punishment it inflicts and which it carries out by

forcible means, so as to ensure respect for its laws. Its original

character is that of revenge for an offence. The wrongdoer has offended

the community, it attacks him furiously and breaks every bone in his

body just as an angry individual would do in his first access of

indignation. That is Draco's penal code. That is the law of literal

requital. The special characteristic of this sanction is its violence

and lack of moderation. It does not trouble to find the right proportion

between punishment and crime. It does not carefully and fairly weigh the

force of its blows. The club falls with a frightful crash, but its

dynamical effect is not calculated beforehand in kilogrammetres. "The

stab of a knife is not measured," as an Italian proverb says. Thus

conceived, punishment has something primitive about it, something

intolerably barbarous. The community does the very things it was

created, by Morality and Law, to prevent; it exercises the right of the

stronger against the challenger; it promotes war, not that of all

against all, but of all against one, and its punishment is an act of

war.

In a strongly religious society which lives in the idea of immediate

community with the deity, every transgression of the law is felt to be a

sin against the gods, and the punishment becomes an expiation offered to

them so as to avert their dangerous anger from the commonwealth. In the

administration of justice dim religious ideas are mingled, punishment is

tinged with a veneer of civilization, the culprit is, so to speak,

offered as a sacrifice to the gods. This supernatural view was prolonged

by the Inquisition, at least for a certain class of offences, until

almost modern times.

When society awakens to the consciousness that its bond of union is

Morality, and that its most important task is to educate its members in

Morality, it introduces the concept of betterment into its penal system.

It wants not only to punish the wrongdoer sharply but also to transform

him inwardly and purify him. He is to feel that the punishment is not

only a requital but a mental benefit. In the Austrian army, until

corporal punishment was abolished, it was a rule that the soldier, after

being flogged, should approach the officer on duty and say, as he

saluted, "I thank you for the kind punishment." That is the attitude

that society, when it gives a moralizing tendency to its penal laws,

wishes the person who has been punished to attain. In this there is much

pleasing self-deception not unmixed with a good deal of hypocrisy. Penal

law offers the wrongdoer but little scope for improvement.

All misdemeanours and crimes flow from three sources: ignorance, passion

and innate, anti-social self-seeking. Ignorance is the main, almost the

exclusive cause of wrongdoing among young criminals who have been badly

brought up or neglected, who have never had anything but bad examples

before them, and who cannot distinguish between good and evil. Society

may hope to improve these by right treatment; it must not punish, it

must educate them. Men who commit crimes from passion are those who

possess a consciousness of Morality and a conscience, who know quite

well what is right and what wrong, but have not sufficient strength of

character, that is, not an adequately developed power of inhibition, to

resist an opportunity, a temptation, a turmoil of their instincts. To

want to improve them is senseless, for they are not bad; they are weak,

or at any rate not strong enough. What they need is a strengthening of

their character, of their faculty of inhibition, and to achieve this is

beyond the power of society. All it can do is to humiliate the guilty

party by publicly exposing his lapse and by condemning him, and then

grant a delay of the execution of the sentence. In so doing it says to

him: "You have acted basely and ought to be ashamed of yourself, now go

and do not do it again." If the warning is unavailing and he relapses,

then the earlier sentence, as well as the new one, is executed. Fear of

this is added to his motives for acting honestly, and may possibly

strengthen his resistance to the onslaught of his evil instincts. But

his good conduct will always be at stake in the struggle between his

power of inhibition and his instincts, and the stronger of the two will

always carry the day. And finally, upon the man whose organic

disposition makes him anti-social, upon Lombroso's born criminal,

society can have no educative effect whatever. It is a hopeless case.

Society can render him harmless, it cannot alter him. Consideration for

his neighbour will never find a place in his consciousness. He will

never learn to resist his impulses and desires. His spiritual

insensibility makes him indifferent to the sufferings of others.

Incapable of continuous and equable effort, he will always want to prey

on society by begging, deceiving, stealing and robbing. He has no

conscience and does not hear the voice of society in his mind. He knows

nothing of good and evil, which are both empty phrases for him, words

without any meaning, and he is convinced that he acts rightly every time

he seeks to satisfy his appetites. In his case it is love's labour lost

to try and give a moral meaning to the sanctions of the law. Punishment

is not directed against the soul of the born criminal, only against his

body. It overwhelms him, fetters him and makes him either for the time

being, or permanently, harmless; but his organic tendency continues to

sway him, and whenever he recovers his liberty he is the same as before

he was punished.

The Mystics give to punishment the character of fatherly and chastening

discipline by which the sinner expiates his crime and is purged of the

sin; thus it purifies him and leads him back to the state of innocence;

a kind of anticipatory hell fire which enables him to enter paradise. In

"Gorgias" Plato says explicitly: "He who is punished is liberated from

the evil of his soul." And the Apostle Paul teaches us: "Punishment is

ordained for the betterment of man." Criminal anthropology recognizes

that it is useless to expect this moralizing and redeeming effect from

punishment. Lombroso altogether rejects punishment as a means of

discipline and expiation, and before him Bentham and J. S. Mill, and

simultaneously with him and after him Fouillée, Guyau and Maudsley

adopted the same view. According to them the sanction of criminal law,

which extends and completes it and ensures its efficacy, can have no

other aim than the law itself, and this aim is to defend society against

its active enemies, if possible by converting them, if necessary by

forcible subjugation.

In a book which is full of interest, but whose value is considerably

diminished by a strong admixture of mysticism, "Esquisse d'une morale

sans obligation ni sanction," M. Guyau goes much farther than the

criminal anthropologists and sociological opponents of punishment, and

expresses the somewhat paradoxical view that "the real sanction seems to

imply complete freedom from punishment for the crime committed, as

punishment for any action that has been accomplished is useless." It is

quite correct that no punishment under the sun can undo what has been

done. But it is not feasible for that reason to dispense with all

punishment for misdeeds and to call this systematic freedom from

punishment a sanction. Guyau overlooks the fact that the punishment is

directed not to the crime but the perpetrator. It certainly alters

nothing in a past transgression of the law, and that is not its object,

but it may possibly have the effect of preventing fresh misdeeds on the

part of the same wrongdoer or of others, and that would justify it.

If society must renounce the idea of improving the misdemeanant,

especially the man whose organic tendencies make him a criminal and who

is the most dangerous and commits the most numerous and worst crimes, it

nevertheless assumes that it makes an impression on morally doubtful

characters by punishing misdemeanours and crimes, that it warns them and

prevents them from erring. That is the theory of intimidation, which

also has many opponents. It will hardly be denied that psychologically

it is well founded. The conception of the evil consequences for himself

that his action may entail strengthens the impulsive man's power of

inhibition when he is about to do wrong, and perhaps enables him to

overcome his immoral instinct. Only it is difficult to measure the force

which the thought of punishment adds to the effort of inhibition. This

force does not come into question at all with the man who sins

occasionally from passion. The flood of his impulses sweeps away all

barriers which reason may oppose, and their power of resistance is not

materially increased by the fear of consequences, because the mental

horizon is completely darkened at the time of the storm and no prevision

is possible. The criminal from organic causes exercises no inhibition.

He knows that society condemns his actions, but he is convinced of his

personal right to carry them out, and fears no punishment, because he

hopes to escape it, and tries his utmost by means of planning, prudence

and self-control to outwit society. The theory of intimidation is not

applicable to these two classes of criminals, and they constitute a

large proportion of the army of wrongdoers against which society has to

defend itself by force.

But there remains the great number of mediocre natures whose sympathy

with their fellow men, the emotional foundation of the subjective

impulse to Morality, is only slightly developed, who have a superficial

veneer of Morality, who act honourably out of prudence, but who would

feel no repugnance towards perpetrating profitable misdeeds, if they

were certain that they would incur no risk. These insipid characters

whose emotional temperature oscillates round about freezing point and

who are incapable of great excitement, of passion, would see no reason

to resist any temptation, to disregard any favourable opportunity, if

the penal code, the judge and the policeman did not warn them to be

careful. For this kind of man the penal sanction is really a useful and

perhaps an indispensable means of prevention, and it has been thought

out and developed by the community with a view to such people.

Not content with theoretical considerations, people have also appealed

to practical experience to test the theory of intimidation. In some

countries capital punishment was either legally abolished or tacitly

suppressed, the judges either refraining from pronouncing the sentence

on the prisoner or the head of the state, when appealed to, commuting it

by an act of pardon to loss of liberty. Statistics seemed to show that

serious crimes meriting the death penalty increased, and capital

punishment was reintroduced or the practice of systematic pardons was

abandoned, with the alleged result that the worst crimes grew less

numerous. I express myself doubtfully, because I do not think that the

statistics were sufficiently conclusive. They embraced too small a

number of cases and too short a period of time. It cannot be

conclusively proved that the abolition of the death penalty resulted in

an increase of capital crimes; but it is certain that crimes were never

more frequent or more horrible than in the times when criminal justice

was most cruel and made use of the most terrible sanctions. Up to the

dawn of modern times legal torture was administered, at every street

corner there were gallows, the poor wretch under sentence of death was

pinched with red-hot pincers, the executioner tore the flesh from his

bones, poured boiling pitch over him, cut out his tongue, hacked off his

hands, broke him on the wheel or burnt him alive; executions were a sort

of public entertainment or popular holiday, and efforts were made to

attract as many spectators as possible; every inhabitant of one of the

larger towns was familiar from childhood with the horrid spectacle of

mutilated human bodies writhing in torture, and there rang in his ears

the echo of the screams of pain and of the shrill death rattle of the

victims. But these impressions were so far from intimidating the gaping

crowd that many hurried from the place of execution to commit the most

execrable crimes, the punishment of which they had just witnessed;

consequently punishments have gradually been made less cruel, and the

public is excluded from executions, which clearly indicates a decisive

rejection of the theory of intimidation.

The truth is that the severity of the punishment has no effect upon the

frequency or the savagery of crimes. The criminality of a community

depends on the value and emphasis of the moral education which it

bestows upon the rising generation. It can prevent its members, at any

rate the average, normal type, from developing into criminals. But the

fear of punishment has no deterrent effect upon those whose criminal

impulses have not been subjugated by social discipline. The severity of

the punishment does not contribute anything to the defence of society.

It only proves that the lawgiver and the criminal judges are on the

lowest level of civilization which corresponds to a widespread and

barbarous criminality, and that their modes of thought and feeling are

horribly like those of the criminals whom they sentence to torture, the

gallows, and the wheel.

Positive law aims at defending society, and tries to attain its end by

punishing transgressions. It provides no reward for conscientious

obedience. The law has no honours to bestow on blamelessness and virtue.

Society felt the want of this and made attempts to encourage honourable

conduct by conferring distinctions, just as it tries to intimidate vice

by punishing crime. These attempts were not particularly happy. The

bestowal of titles and orders is no recognition of virtue, but a means

adopted by governments to ensure devotion to power. An arrangement was

made in some places to honour model citizens in public and crown them

with laurels, but it soon came to grief owing to indifference and

mockery. A private individual wanted to fill this gap in social

institutions. The Count of Montyon, a son of the eighteenth century,

whose philosophy he had imbibed, instituted the prizes for virtue which

are distributed annually by the French Academy. They are bestowed on

modest integrity in humble circumstances which has manifested a sense of

duty, neighbourly love and self-sacrifice. This friend of man has had

few imitators, and that is understandable. Sound common sense realizes

that rewards like the Montyon prizes for virtue do not with the

infallibility of a natural law fall to the lot of merit, but are nearly

always adjudicated to the prizewinner by chance, by recommendation, and

by all sorts of influences that have nothing to do with virtue; and it

seems unjust that among equal claims some should be satisfied while

others, the great majority, are not. It would be vain to contend that

one virtue which goes empty-handed is not unfairly treated when another

gets a benefit on which it has not counted, and that in a moral

character, such as alone would be eligible for a prize for virtue, there

is no room for envy. That would be the moral of the Gospel concerning

the labourers who came at the eleventh hour, which has met with

opposition from others besides the contemporaries of Jesus.

On the whole, the community has never felt called upon to solve the

moral problem of the reward of virtue. It has always contented itself

with the punishment of vice and has given its law threatening, but not

encouraging, sanctions. This attitude shows that it has always had a

clear conception of its moral task. In its positive law it never

included anything but that minimum of Morality that was absolutely

necessary to its existence, and without which it would dissolve into its

original elements, its order would be replaced by chaos, by the war of

all against all. It must insist on the observance of this minimum; it

must use forcible means to achieve this. But it does not feel justified

in demanding more than this minimum, because more is not claimed by its

instinct of self-preservation. A surplus of virtue over and above the

amount necessary for the life of society is desirable; but it does not

lie within the scope of the natural functions of the community,

determined by its organic necessities, to achieve this by compulsion

and the provision of legal rewards as an encouragement. It is the

business of the individual to work at his own moral improvement, and the

community cannot interfere directly in the matter. It is enough that it

encourage this work indirectly by bestowing care on the culture and

education of the individual, by making it the duty of its public schools

to inculcate good principles, and by creating a public opinion which

surrounds all the activities of higher morality with admiration, respect

and gratitude. The moral education of the individual is not an object

with which laws are concerned; it is the result of the constant, vital

influence of the community, and can have no sanction other than the

increase of well-being of every single person within the social union,

which is a natural consequence of raising the moral level of the

community.

The penal sanctions of positive law have a gross materialism about them

corresponding to the definite concreteness of the actions with which

positive law deals. The broad field of Morality, however, which is

outside the narrow sphere of the laws, has no room for sanctions of a

material nature. The penalties prescribed by law are directed to actions

which, if they became general, would in a very short space of time

result in the dissolution of society. The community essays by forcible

measures to prevent this kind of action, and these measures more or less

fulfil their aim, whether you interpret their use on the theory of

discipline, of expiation and purification by repentance, of improvement

and moral re-birth, or of intimidation. All these theories were invented

later on, after the community had been convinced by experience that

punishment, if it does not entirely prevent crime, at least limits it

sufficiently to make the continued existence of society possible, and

more or less to guarantee to its members the safety of their life, their

property and their personal dignity.

Against transgressions of the moral law, the results of which are not

immediately obvious, such as ruthless selfishness, blunted sympathy and

lack of active neighbourly kindness, the community does not proceed with

forcible measures; firstly, because it cannot establish their existence

convincingly and hence cannot try them in a court of justice, and

secondly, because it does not recognize them as constituting an

immediate danger to its existence. Now, as the sanctions set up by

society are not applicable to these transgressions, an individual whose

mind does not penetrate very far into matters is disquieted, for

accustomed as he is to the spectacle of the steady justice of the state,

he seeks the counterpart in the forms of this justice in the world of

Morality, and does not discover it at the first glance. He asks

anxiously where are the police, the public prosecutor, the examining

magistrate, the criminal court, the prison for sins against Morality,

and invents them, since he cannot find them. He transfers to the

hereafter the sanctions of Morality, which are not visible on earth. He

cannot make up his mind to renounce them, because the fact that sins

against the moral law go unpunished would seem to him to indicate

intolerable anarchy, comparable with the state of a community where

everyone could murder, rob and mutilate to his heart's content without

incurring the risk of the least personal unpleasantness.

In the sphere of the moral law punishment certainly does not follow hot

foot upon crime, but it nevertheless does not fail to appear, and

becomes visible when the eye is capable of embracing long periods of

time and of tracing intricate connexions. The sanctions of the moral law

differ from those of criminal law, but they are not wanting. They are of

a subjective and of an objective character. The subjective punishment

for a sin against the laws of Morality is remorse. It is inflicted by

the inner judge who rules in the consciousness of the individual, by

conscience, and penetrates to the very deepest depths of a person's mind

which no outward punishment imposed by the community ever reaches. It is

not only religious and political martyrs who endure torture and death

with proud serenity, conscious that they are morally immeasurably

superior to their executioners; even common criminals remain perfectly

unmoved by their punishment and regret only that they are weaker than

their captors. Prisons are full of convicts who look upon their

condition as that of prisoners of war. They have been worsted in their

battle with law. That seems to them a misfortune but not a disgrace.

They are neither humble nor contrite, but revengeful. They are

determined and ready to take up the duel with society as soon as an

opportunity offers and they may hope to do so with some prospect of

success.

But remorse is an unresisting submission to the verdict of conscience

and the consciousness of one's own unworthiness. It is the recognition

of the justice of the sentence which brands one, and the constant,

anguished realization that one's personality has been deservedly

humiliated, dishonoured and deprived of its rights. As a spiritual

process, remorse causes the sinner continually to relive the misdeed he

committed, while at the same time he is fully conscious of its atrocity.

The ego becomes dual, one part active, the other watching and judging.

The one again and again perpetrates its misdeed, the other looks on

horrified and suffers agonies. It is one long torture and disgrace of

self. Remorse condemns the sinner perpetually to repeat in his mind the

deed which fills him with horror of himself. This state of mind is the

nearest approach to eternal damnation in hell. There is only one means

of temporary escape: to extinguish memory by narcotics. That is why

remorse not seldom leads to drunkenness. Shakespeare, with a poet's

infallible insight into the soul, has grasped and depicted the nature of

remorse, the uninterrupted, torturing presence of the misdeed in man's

consciousness. Lady Macbeth sees her hands ever stained with the blood

of the innocent royal victim whom she herself did not even murder, and

she complains that "all the perfumes of Arabia will not sweeten this

little hand." Leontes, in the "Winter's Tale," on hearing of Hermione's

alleged death, of which he believes himself guilty, mourns:

"Once a day I'll visit

The chapel where they lie; and tears shed there

Shall be my recreation: so long as nature

Will bear up with this exercise, so long

I daily vow to use it."

Remorse is the most effective of the subjective sanctions of Morality;

it is almost too effective, for owing to its duration and severity the

punishment easily grows disproportionate to the crime. But it has one

great disadvantage, it affects only better natures who have an active

conscience and spiritual delicacy, while it spares the wicked who have

no conscience, who perpetrate their misdeeds contentedly, without a

qualm, and regret them only when they are discovered and lead to

unpleasantness.

Nevertheless, the actions of these hardened sinners do not go quite

unpunished. Moral law always takes vengeance for transgressions, but not

directly on the evildoer. In addition to the subjective, it also has an

objective sanction; when it is violated retribution falls on the

community. The masses have a dim idea that every evil deed meets with

requital and express it in the proverb that "Though the mills of God

grind slowly, yet they grind exceeding small." They have noticed that

the curse of an evil deed never fails to come, and is consummated with

crushing force, only that it does not happen at once. It seems

objectionably unjust that the culprit should not feel the effect of his

crime, whilst others do who were not born when it was perpetrated. But

the concept of retributory justice is as little applicable to the

far-reaching relations in the life of humanity as to the actions of the

laws of Nature, for instance gravity or electricity. Morality is, as I

have shown, an adaptation of the species to the natural conditions in

which it is forced to live. Morality, therefore, has an aim, which is to

make social life in common possible for the individual, this life alone

enabling him to maintain his existence amid the conditions obtaining on

this earth. The discipline which Morality imposes on the individual

leaves him a certain amount of free play. If he escapes from this

discipline to a certain small extent which does not threaten the

existence of society, this revolt has no ill effect upon the life of the

species, the latter has no grounds for punishing him, and the only, yet

sufficient, sanction of the loose Morality of an undisciplined

individual lies in the fact that he is more or less inferior to the most

perfect type of the species, and visibly bears the stamp of his

worthlessness in his character, his bearing and his mode of thought. But

if in his disregard of Morality the individual goes so far as to

frustrate its aim and endanger the existence of society, then the latter

must either find ways and means of rendering the culprit harmless or

else it overlooks his misdeed and thereby becomes an accessory and

justly suffers the evils consequent upon a deterioration of Morals which

is universally tolerated.

The means by which a society must defend the Morality necessary to its

existence can only be spiritual, for it is not a question of breaches of

the positive law which result in the intervention of justice and of

material penalties, but of a disregard of the commands of Morality,

which are not drawn up in paragraphs. Public opinion suffices to rouse

the individual who despises the Moral law to an uncomfortable sense of

his unworthiness; if he finds himself treated with contempt and sees

disapproval and dislike in everyone's face, either he will be spurred

to an effort to overcome his immoral instincts or his self-respect will

suffer from the universal contempt with which he meets; and this

suffering is his punishment, therefore it is the sanction of a breach of

the Moral law.

If public opinion does not keep careful and severe watch, such as may be

termed the function of a higher moral police, then inevitably the moral

tone of the whole society will sink to a lower level, and this will

result in making life harder and more difficult, and in certain

circumstances may lead to dissolution. This is not a theoretical

assumption, but an observed fact, a lesson taught by history. It tells

us of epochs in which the licentiousness of individuals, favoured by a

society too dull, weak and indifferent to stand up against bad examples,

succeeded in corrupting all classes. Such a period is exemplified by the

fall of Rome. Common natures indulged and wallowed in every vice, the

better ones felt such disgust for a life without nobility and virtue

that they discarded it, and the community lost all excuse of joint

responsibility and became so loosely knit together that it was incapable

of common effort or sacrifice, and collapsed miserably at the first

onslaught of a foreign aggressor tempted by its depravity.

The disintegration of a society, the sanction of its sins against

Morality, is a slow process. It does not often take place

catastrophically, with theatrical effect, so that even a dull observer

can grasp the connexion between cause and effect. But whoever

investigates closely will realize that all evils from which society

suffers, which make life more bitter and harder for its members, are

ultimately due to defective Morality. What are class struggles with

their consequent hostilities between groups of the same nation, their

coercion and damage, but manifestations of self-seeking, lack of

consideration and injustice, that is, of Immorality? Would they be

possible if members of all classes, capitalists and workers,

agriculturists and townsmen, rulers and subjects were inspired by

neighbourly kindness, understanding and appreciation of the needs,

pretensions and feelings of their opponents, and by a spirit of

self-sacrifice? Would the decay of character, the arbitrariness and

arrogance of the mighty, the cowardly slavishness of the masses, with

the resultant rottenness of public affairs, be conceivable if

individuals were conscious of their dignity and their duty to themselves

and the community, and if they had the strength and the determination to

overcome their fear of men? Could wars of aggression bring ruin upon

mankind if leading personalities did not give way to the desire for

outward honours, to the hunger for power, to avarice, to the itch of

vanity, that is to the lowest forms of selfishness, and if the masses

out of stupidity or fear of a mental effort, and out of dread for their

personal responsibility did not allow themselves to be misused for base

purposes?

Thus we find insufficient Morality in individuals, or the complete lack

of it, to be at the root of all evils with which the community is

afflicted, and we are justified in conceiving war, party quarrels,

collisions between groups representing different interests, revolutions,

in fact, all tragedies of life in societies with the suffering and

destruction they entail, as the penal sanction of sins against Morality.

Morality, which was created to facilitate life for the individual or to

make it at all possible for him, is no longer able to fulfil its aim,

and the society finds itself by its own fault back in the condition of

misery and fear, owing to which its instinct of self-preservation

originally forced it to make the effort of setting up the Moral law.

Even the most merciless zealot cannot wish for a more efficacious and

painful punishment of Immorality.

But Morality does not possess the sanction of punishment alone, it has

also the more amiable one of reward. We have seen that by strengthening

the faculty of inhibition it raises the individual to a higher level of

organic development, that by the inculcation of consideration and

neighbourly kindness it affords the community the possibility of working

together peacefully and profitably. But it does more than that. It gives

life an incomparably higher value than when it is dull and uniform, by

enriching and beautifying it with heroism and with ideals.

Ideals and heroism are direct creations of Morality and inconceivable

without it. The ideal is a conception of perfection; the thought of

attaining it is accompanied by the most pleasurable emotions, and the

individual regards it as his life's task to strive for it. The struggle

for the ideal implies effort at all times, renunciation of the ease of a

thoughtless and care-free existence, an endless series of difficult

victories over appetites clamouring for immediate satisfaction, that is,

constant work in the service of Morality. He who has an ideal is never

troubled by the problem of the meaning of life. His life has an aim and

significance. He knows whither he goes, why he lives, for what he works.

He knows nothing of the doubts of the aimless wanderer, of the

discouraging consciousness of one's own uselessness, and his assurance,

his conviction that his efforts are useful and worthy come very near to

happiness. Heroism is the noblest victory of a thinking and volitional

personality over selfishness; it is altruism which rises to

self-sacrifice, the proud subjugation by Reason of the most primitive

and powerful of all instincts, that of self-preservation. It is the

highest achievement of which Morality is capable. It is never developed

for the profit of an individual, but always for that of a community, for

a thought, for an ideal. His heroic conduct raises the hero out of the

rut of his existence, liberates him from the trammels of his

individuality and enlarges this to represent a community, its longings,

its resolutions, its determination. At the moment of his heroic action

the hero lives innumerable lives, the lives of all for whom he risks his

own, and if death reaches him, it can destroy only his single person,

but cannot put an end to the dynamic activity of the community which is

included in the hero, while he is magnificently elevated far above

himself. The faculty of forming an ideal of existence and activity, and

of rising to the heights of heroism, is the royal reward of Morality

which the perfect subjection of animal instincts to the rule of human

Reason has achieved. Its punishment for those retrograde individuals who

never learn to control their instinctive reflex actions is that they are

denied the sight of the glory of the ideal, that heroism is unknown and

incomprehensible to them, that they lead their lives fettered and

imprisoned, unconscious of any task, without prospect or exaltation, as

if they dwelt in a cellar or in a dark dungeon. These are the sanctions

of Morality. It has no others, nor does it need them.

In one passage of the book cited above Guyau makes the doubting remark:

"Who can tell us whether Morality is not ... at one and the same time a

beautiful and useful art? Perhaps it bewitches us and deceives us." Let

us assume that it is an illusion. That would not detract from its value

for mankind. Is not all our knowledge of the world, is not our whole

view of Nature an illusion? We are made conscious of the universe by its

qualities, and these qualities are conferred on it by our senses. But

all knowledge that we derive from our senses is an illusion. For the

senses do not convey reality to us, but the modifications which the

influence of reality produces in our sense organs. The universe has

neither sound nor colour nor scent. But we perceive it as sounding,

coloured and scented. These qualities we attribute to reality are

illusions of our senses, but these illusions make up all the beauty of

the world which without them would be dumb, blind and without charm for

us.

Life for us is an unspeakably oppressive riddle. Has it an aim, and, if

so, what? We do not know. All thought only leads to the conclusion: life

is its own aim and end, we live for life's sake. And this conclusion is

no solution of the problem. Then Morality appears, and not only makes

life easier and possible, but even shows us an aim, if not for

universal, at least for individual life. That aim is the humanization of

the animal, the spiritualization of man, the exaltation and enrichment

of the individual by means of sympathy, neighbourly kindness, a sense of

joint responsibility, and the subjection of Instinct to Reason which, as

far as we know, is the noblest product of Nature. It is possible that

Morality, which hides the eerie unintelligibility of life from us, is an

illusion. Blessed be the illusion which makes life worth living.

Printed in England by Cassell & Company, Limited, London, E.C.4.

F17.122

Morals and the Evolution of Man · 第 8 / 8 章