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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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which 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