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exposed to less hardships when he was a boy。
I write with great diffidence; but it seems to me that there is no
unfairness in punishing people for their misfortunes; or rewarding
them for their sheer good luck: it is the normal condition of
human life that this should be done; and no right…minded person
will complain of being subjected to the common treatment。 There is
no alternative open to us。 It is idle to say that men are not
responsible for their misfortunes。 What is responsibility? Surely
to be responsible means to be liable to have to give an answer
should it be demanded; and all things which live are responsible
for their lives and actions should society see fit to question them
through the mouth of its authorised agent。
What is the offence of a lamb that we should rear it; and tend it;
and lull it into security; for the express purpose of killing it?
Its offence is the misfortune of being something which society
wants to eat; and which cannot defend itself。 This is ample。 Who
shall limit the right of society except society itself? And what
consideration for the individual is tolerable unless society be the
gainer thereby? Wherefore should a man be so richly rewarded for
having been son to a millionaire; were it not clearly provable that
the common welfare is thus better furthered? We cannot seriously
detract from a man's merit in having been the son of a rich father
without imperilling our own tenure of things which we do not wish
to jeopardise; if this were otherwise we should not let him keep
his money for a single hour; we would have it ourselves at once。
For property is robbery; but then; we are all robbers or would…be
robbers together; and have found it essential to organise our
thieving; as we have found it necessary to organise our lust and
our revenge。 Property; marriage; the law; as the bed to the river;
so rule and convention to the instinct; and woe to him who tampers
with the banks while the flood is flowing。
But to return。 Even in England a man on board a ship with yellow
fever is held responsible for his mischance; no matter what his
being kept in quarantine may cost him。 He may catch the fever and
die; we cannot help it; he must take his chance as other people do;
but surely it would be desperate unkindness to add contumely to our
self…protection; unless; indeed; we believe that contumely is one
of our best means of self…protection。 Again; take the case of
maniacs。 We say that they are irresponsible for their actions; but
we take good care; or ought to take good care; that they shall
answer to us for their insanity; and we imprison them in what we
call an asylum (that modern sanctuary!) if we do not like their
answers。 This is a strange kind of irresponsibility。 What we
ought to say is that we can afford to be satisfied with a less
satisfactory answer from a lunatic than from one who is not mad;
because lunacy is less infectious than crime。
We kill a serpent if we go in danger by it; simply for being such
and such a serpent in such and such a place; but we never say that
the serpent has only itself to blame for not having been a harmless
creature。 Its crime is that of being the thing which it is: but
this is a capital offence; and we are right in killing it out of
the way; unless we think it more danger to do so than to let it
escape; nevertheless we pity the creature; even though we kill it。
But in the case of him whose trial I have described above; it was
impossible that any one in the court should not have known that it
was but by an accident of birth and circumstances that he was not
himself also in a consumption; and yet none thought that it
disgraced them to hear the judge give vent to the most cruel
truisms about him。 The judge himself was a kind and thoughtful
person。 He was a man of magnificent and benign presence。 He was
evidently of an iron constitution; and his face wore an expression
of the maturest wisdom and experience; yet for all this; old and
learned as he was; he could not see things which one would have
thought would have been apparent even to a child。 He could not
emancipate himself from; nay; it did not even occur to him to feel;
the bondage of the ideas in which he had been born and bred。
So was it also with the jury and bystanders; andmost wonderful of
allso was it even with the prisoner。 Throughout he seemed fully
impressed with the notion that he was being dealt with justly: he
saw nothing wanton in his being told by the judge that he was to be
punished; not so much as a necessary protection to society
(although this was not entirely lost sight of); as because he had
not been better born and bred than he was。 But this led me to hope
that he suffered less than he would have done if he had seen the
matter in the same light that I did。 And; after all; justice is
relative。
I may here mention that only a few years before my arrival in the
country; the treatment of all convicted invalids had been much more
barbarous than now; for no physical remedy was provided; and
prisoners were put to the severest labour in all sorts of weather;
so that most of them soon succumbed to the extreme hardships which
they suffered; this was supposed to be beneficial in some ways;
inasmuch as it put the country to less expense for the maintenance
of its criminal class; but the growth of luxury had induced a
relaxation of the old severity; and a sensitive age would no longer
tolerate what appeared to be an excess of rigour; even towards the
most guilty; moreover; it was found that juries were less willing
to convict; and justice was often cheated because there was no
alternative between virtually condemning a man to death and letting
him go free; it was also held that the country paid in recommittals
for its over…severity; for those who had been imprisoned even for
trifling ailments were often permanently disabled by their
imprisonment; and when a man had been once convicted; it was
probable that he would seldom afterwards be off the hands of the
country。
These evils had long been apparent and recognised; yet people were
too indolent; and too indifferent to suffering not their own; to
bestir themselves about putting an end to them; until at last a
benevolent reformer devoted his whole life to effecting the
necessary changes。 He divided all illnesses into three classes
those affecting the head; the trunk; and the lower limbsand
obtained an enactment that all diseases of the head; whether
internal or external; should be treated with laudanum; those of the
body with castor…oil; and those of the lower limbs with an
embrocation of strong sulphuric acid and water。
It may be said that the classification was not sufficiently
careful; and that the remedies were ill chosen; but it is a hard
thing to initiate any reform; and it was necessary to familiarise
the public mind with the principle; by inserting the thin end of
the wedge first: it is not; therefore; to be wondered at that
among so practical a people there should still be some room for
improvement。 The mass of the nation are well pleased with existing
arrangements; and believe that their treatment of crim