登陆注册
5376900000039

第39章 GOVERNMENT AND LAW(5)

This is the popular view of crime; yet no dog goes mad from choice, and probably the same is true of the great majority of criminals, certainly in the case of crimes of passion.Even in cases where self-interest is themotive, the important thing is to prevent the crime, not to make the criminal suffer.Any suffering which may be entailed by the process of prevention ought to be regarded as regrettable, like the pain involved in a surgical operation.The man who commits a crime from an impulse to violence ought to be subjected to a scientific psychological treatment, designed to elicit more beneficial impulses.The man who commits a crime from calculations of self- interest ought to be made to feel that self- interest itself, when it is fully understood, can be better served by a life which is useful to the community than by one which is harmful.For this purpose it is chiefly necessary to widen his outlook and increase the scope of his desires.At present, when a man suffers from insufficient love for his fellow-creatures, the method of curing him which is commonly adopted seems scarcely designed to succeed, being, indeed, in essentials, the same as his attitude toward them.The object of the prison administration is to save trouble, not to study the individual case.He is kept in captivity in a cell from which all sight of the earth is shut out: he is subjected to harshness by warders, who have too often become brutalized by their occupation.[53] He is solemnly denounced as an enemy to society.He is compelled to perform mechanical tasks, chosen for their wearisomeness.He is given no education and no incentive to self-improvement.Is it to be wondered at if, at the end of such a course of treatment, his feelings toward the community are no more friendly than they were at the beginning?

[53] This was written before the author had any personal experience of the prison system.He personally met with nothing but kindness at the hands of the prison officials.

Severity of punishment arose through vindictiveness and fear in an age when many criminals escaped justice altogether, and it was hoped that savage sentences would outweigh the chance of escape in the mind of the criminal.At present a very large part of the criminal law is concerned in safeguarding the rights of property, that is to say--as things are now--the unjust privileges of the rich.Those whose principles lead them into conflict with government, like Anarchists, bring a most formidable indictment against the law and the authorities for the unjust manner inwhich they support the status quo.Many of the actions by which men have become rich are far more harmful to the community than the obscure crimes of poor men, yet they go unpunished because they do not interfere with the existing order.If the power of the community is to be brought to bear to prevent certain classes of actions through the agency of the criminal law, it is as necessary that these actions should really be those which are harmful to the community, as it is that the treatment of``criminals'' should be freed from the conception of guilt and inspired by the same spirit as is shown in the treatment of disease.But, if these two conditions were fulfilled, I cannot help thinking that a society which preserved the existence of law would be preferable to one conducted on the unadulterated principles of Anarchism.

So far we have been considering the power which the State derives from the criminal law.We have every reason to think that this power cannot be entirely abolished, though it can be exercised in a wholly different spirit, without the vindictiveness and the moral reprobation which now form its essence.

We come next to the consideration of the economic power of the State and the influence which it can exert through its bureaucracy.State Socialists argue as if there would be no danger to liberty in a State not based upon capitalism.This seems to me an entire delusion.Given an official caste, however selected, there are bound to be a set of men whose whole instincts will drive them toward tyranny.Together with the natural love of power, they will have a rooted conviction (visible now in the higher ranks of the Civil Service) that they alone know enough to be able to judge what is for the good of the community.Like all men who administer a system, they will come to feel the system itself sacrosanct.The only changes they will desire will be changes in the direction of further regulations as to how the people are to enjoy the good things kindly granted to them by their benevolent despots.Whoever thinks this picture overdrawn must have failed to study the influence and methods of Civil Servants at present.On every matter that arises, they know far more than the general public about all the DEFINITE facts involved; the one thing they do not know is ``where the shoe pinches.'' But those who knowthis are probably not skilled in stating their case, not able to say off-hand exactly how many shoes are pinching how many feet, or what is the precise remedy required.The answer prepared for Ministers by the Civil Service is accepted by the ``respectable'' public as impartial, and is regarded as disposing of the case of malcontents except on a first-class political question on which elections may be won or lost.That at least is the way in which things are managed in England.And there is every reason to fear that under State Socialism the power of officials would be vastly greater than it is at present.

同类推荐
  • 又示宗武

    又示宗武

    本书为公版书,为不受著作权法限制的作家、艺术家及其它人士发布的作品,供广大读者阅读交流。汇聚授权电子版权。
  • 佛说观自在菩萨母陀罗尼经

    佛说观自在菩萨母陀罗尼经

    本书为公版书,为不受著作权法限制的作家、艺术家及其它人士发布的作品,供广大读者阅读交流。汇聚授权电子版权。
  • 观世音菩萨救苦经

    观世音菩萨救苦经

    本书为公版书,为不受著作权法限制的作家、艺术家及其它人士发布的作品,供广大读者阅读交流。汇聚授权电子版权。
  • 明皇杂录

    明皇杂录

    本书为公版书,为不受著作权法限制的作家、艺术家及其它人士发布的作品,供广大读者阅读交流。汇聚授权电子版权。
  • 夢月軒詩鈔

    夢月軒詩鈔

    本书为公版书,为不受著作权法限制的作家、艺术家及其它人士发布的作品,供广大读者阅读交流。汇聚授权电子版权。
热门推荐
  • 天彭牡丹谱

    天彭牡丹谱

    本书为公版书,为不受著作权法限制的作家、艺术家及其它人士发布的作品,供广大读者阅读交流。汇聚授权电子版权。
  • 远去的日子

    远去的日子

    二十年前乡村的月亮、家乡早年的井水、家乡的小河、橡胶轱轮的小推车……一件件,一幕幕,都化为远去的日子,与我们渐行渐远。
  • 写在青春里的错

    写在青春里的错

    几个同校的年青人,全都是沈阳某高校的播音高材生,大四那一年来到社会进行实习,然后却和自己想的不一样,过去的美好被现实所颠覆,遇到了形形色色的人,匪夷所思的事,就连最好的姐妹也能够背叛了自己,成了爸爸的小三。这个时候唯有爱情可以抵挡得住四面八方飞来的恐慌,再也不相信了曾经的期望是正确的,路只能是一步步的走,遇到了危险就要正面应对。恶有恶报,做错了事情的小三最终没能当得上电视台的主播,而心里纯洁的她却最终成为了世人瞩目的焦点。
  • 追寻英雄的异界旅行

    追寻英雄的异界旅行

    【全文已完结】【新书仙侠奇缘《吸血鬼来袭:孽徒总想绿为师》已发布】【求关注】“喵喵的,韩信给我回来!瞎跑什么?!”“李白你又弄什么幺蛾子?”“成吉思汗东皇太一别打架了好吗…”“亮哥…请求支援…【卒】”“嬴政,歌神什么的都是浮云,别闹咱回家…”貂蝉:来呀,快活呀,反正有大把时光妲己:来呀,快活呀…韩信跟:来呀,快…“韩信你闭嘴!”井儿:别瞎跑了,追得好累…兹族:媳妇,追累了来我怀里歇会儿。【1v1】
  • 红唇与领带

    红唇与领带

    本书系台湾当代知名作家、东海大学教授周芬伶的散文自选集。作者的作品以女性书写闻名,文字间既有感性的流动,亦有精细的修饰,诗一般的语言令人读起来有忧伤,有畅快,有愉悦,有悲戚,有坚韧……
  • 莫为骄阳

    莫为骄阳

    每个平凡的人都渴望拥有一个不平凡的的人生,对自己的生活持有强烈的不甘心,却不得不屈服于自己的碌碌无为,而莫丹对此像早已看破红尘,一直默默无闻,无欲无求地活着,心中像一潭死水,任何时候都能做到波澜不惊,无半点波动。除了......遇见他......
  • 我的世界——归途

    我的世界——归途

    当《我的世界》变成唯一的现实,LMH会怎样选择……“我一定会活下来,我会夺取这场游戏的胜利,与你再见……”“做我的队友吧!为能和我这样的美少女组队感到骄傲吧!”“我要找回他,这一次,不会再弄丢他了!”身别两个世界,LMH能否夺得胜利,与好友重会?
  • Ajax

    Ajax

    本书为公版书,为不受著作权法限制的作家、艺术家及其它人士发布的作品,供广大读者阅读交流。汇聚授权电子版权。
  • 霸你霸上瘾:风尘帝姬

    霸你霸上瘾:风尘帝姬

    简介不符合要求,请按照规定重新拟定。
  • 卓尔不群的世界思想

    卓尔不群的世界思想

    思想家代表了他所在的时期的智慧最高水平,思想家的贡献影响到社会的各个领域,甚至影响人们的思维方式,本书介绍了重要的思潮和思想家,为读者了解思想史提供了捷径。