cords everything that the senses carry
to it through the nerves; these records, through lively imagination, are
constantly suggesting and urging to action. All good teachers and
observing parents know its power and, so far as such matters can be
proved, it seems clear that the details of crime and punishment
reproduce themselves over and over again by the suggestion carried to
the mind, especially with the young. There is every reason to think that
suggestions of crime will affect the mind as much as suggestions of
adventure, love or war.
Does it then follow that no one shall be restrained from freedom on
account of either his actions or his nature? It is really idle to ask
this question. No matter what one may think of the so-called criminal
and his responsibility, or quite regardless of whether we feel pity or
hatred, the great mass of the community will not suffer one who has
little self-control to interfere seriously and directly with the peace
and happiness of the community in which he lives. Whether by the action
of the law or by vigilance committees, some men will not be allowed to
be at large. Doubtless under proper treatment and environment most of
this sort of anti-social conduct would disappear, but for many years to
come it will remain.
Taking away the liberty of another has only one justification. The great
mass of people in any community must and will act for self-defense. It
needs no fine-spun theories to justify it. Hatred should have nothing to
do with it. The conduct of man in this regard is only like that of the
animal which destroys the one that is inimical to the pack or herd. The
self-protection of the group is the same as the self-protection of the
individual. Both the group and the man will save their lives against a
lunatic or any other menace, regardless of the nature of the menace.
Punishment, in the proper meaning of the term, cannot be justified by
any reasoning. Punishment really means the infliction of pain because
the individual has wilfully transgressed. Its supposed justification is
that somehow the evil done is atoned for, or made good, or balanced if
the author of the evil shall suffer pain. Punishment means that the
suffering by the victim is the end, and it does not mean that any good
will grow out of the suffering. It seems as if the question only needed
to be stated for right-thinking men to deny the validity of punishment.
It may be argued that whether the victim is punish
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