第 27 节
作者:一意孤行      更新:2021-10-16 18:41      字数:9322
  the public opinion of the majority unless that public opinion made itself
  effective   by   the   use   of   force   against   them。   Probably;   in   fact;   such   force
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  would be applied through popular indignation; but in that case we should
  revive   the   evils   of   the   criminal   law   with   the   added   evils   of   uncertainty;
  haste and passion; which are inseparable from the practice of lynching。 If;
  as   we   have   suggested;   it   were   found   necessary   to   provide   an   economic
  stimulus to work by allowing fewer luxuries to idlers; this would afford a
  new motive for theft on their part and a new necessity for some form of
  criminal law。
  2。 Crimes of Violence。Cruelty to children; crimes of jealousy; rape;
  and so forth; are almost certain to occur in any society to some extent。 The
  prevention   of   such   acts   is   essential   to   the   existence   of   freedom   for   the
  weak。   If   nothing   were   done   to   hinder   them;   it   is   to   be   feared   that   the
  customs of a society would gradually become rougher; and that acts which
  are now rare would cease to be so。 If Anarchists are right in maintaining
  that   the   existence     of  such   an   economic      system     as  they   desire   would
  prevent the commission of crimes of this kind; the laws forbidding them
  would no longer come into operation; and would do no harm to liberty。 If;
  on   the   other   hand;   the   impulse   to   such   actions   persisted;   it   would   be
  necessary that steps should be taken to restrain men from indulging it。
  3。 The third class of difficulties is much the most serious and involves
  much the most drastic interference with liberty。 I do not see how a private
  army could be tolerated within an Anarchist community; and I do not see
  how it could be prevented except by a general prohibition of carrying arms。
  If there were no such prohibition; rival parties would organize rival forces;
  and civil war would result。 Yet; if there is such a prohibition; it cannot well
  be   carried   out   without   a   very   considerable   interference   with   individual
  liberty。   No   doubt;   after   a   time;   the   idea   of   using   violence   to   achieve   a
  political object might die down; as the practice of duelling has done。 But
  such changes of habit and outlook are facilitated by legal prohibition; and
  would      hardly    come     about    without     it。  I  shall   not   speak    yet   of   the
  international aspect of this same problem; for I propose to deal with that in
  the   next   chapter;   but   it   is   clear   that   the   same   considerations   apply   with
  even greater force to the relations between nations。
  If we admit; however reluctantly; that a criminal law is necessary and
  that the force of the community must be brought to bear to prevent certain
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  kinds   of   actions;   a   further   question   arises:   How   is   crime   to   be   treated?
  What is the greatest measure of humanity and respect for freedom that is
  compatible with the recognition of such a thing as crime? The first thing to
  recognize   is   that   the   whole   conception   of   guilt   or   sin   should   be   utterly
  swept away。 At present; the criminal is visited with the displeasure of the
  community: the sole method applied to prevent the occurrence of crime is
  the   infliction   of   pain   upon   the   criminal。   Everything   possible   is   done   to
  break   his   spirit   and   destroy  his   self…respect。  Even   those   pleasures   which
  would   be   most   likely   to   have   a   civilizing   effect   are   forbidden   to   him;
  merely on the ground that they are pleasures; while much of the suffering
  inflicted is of a kind which can only brutalize and degrade still further。 I
  am   not   speaking;   of   course;   of   those   few   penal   institutions   which   have
  made      a   serious    study    of   reforming      the   criminal。     Such    institutions;
  especially   in America;   have   been   proved   capable   of   achieving   the   most
  remarkable   results;   but   they   remain   everywhere   exceptional。   The   broad
  rule is still that the criminal is made to feel the displeasure of society。 He
  must     emerge      from     such    a  treatment      either   defiant    and    hostile;    or
  submissive   and   cringing;   with   a   broken   spirit   and   a   loss   of   self…respect。
  Neither of these results is anything but evil。 Nor can any good result be
  achieved by a method of treatment which embodies reprobation。
  When a man is suffering from an infectious disease he is a danger to
  the community; and it is necessary to restrict his liberty of movement。 But
  no one associates any idea of guilt with such a situation。 On the contrary;
  he   is   an   object   of   commiseration   to   his   friends。   Such   steps   as   science
  recommends are taken to cure him of his disease; and he submits as a rule
  without reluctance to the curtailment of liberty involved meanwhile。 The
  same method in spirit ought to be shown in the treatment of what is called
  ‘‘crime。''     It  is  supposed;     of   course;    that  the   criminal     is  actuated     by
  calculations of self…interest; and that the fear of punishment; by supplying
  a contrary motive of self…interest affords the best deterrent;                        The dog;
  to gain some private end;                         Went mad and bit the man。
  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 the
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  motive;     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 sayas things are nowthe
  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   in
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