h disquietude. Formerly they were supposed to point to a defect in
the criminal, now they are understood to prove a defect in the penal
system. The reason for this defect lies in having regarded certain
objects as primary which are in reality only secondary. These objects
have been defined to be the deterrence of crime by the example of
punishing criminals; the repression of crime by the infliction of
punishment, and the protection of society as a consequence. The
deterrent value of the penal system has been greatly reduced by the
small amount of dread which it excites in the criminally disposed. The
representative value is of a minus quantity. Crime is assisted more than
it is crippled. The protection of society is secured only during the
period of incarceration. At the end of that period the criminal must be
discharged and he goes forth often a more skilful criminal than before
and with a vow to take vengeance upon society.
Regarding these objects as secondary the reformation of the offender has
been acknowledged as primary by criminologists, and they turned their
attention to study the criminal pathologically, to enquire into the
causes of crime and also to make trial of the best methods for securing
reformation. "Punishment the principle and reformation the incident,"
was the theory of the old school. The New school reverses the order to
"Reformation the principle and punishment the incident." Obviously this
course renounces the old principle of retaliation and vengeance and
embraces that indicated by Christ in his precept "bear ye one another's
burdens."
=The Philosophy of Punishment.=--The threatening attitude of the
criminal towards the peace and welfare of society makes it an obvious
necessity that society should protect itself against him, otherwise he
would soon master the situation and reduce social order to barbarism.
What are the steps which it must take? It must first remember that its
right to punish is not an inherent, but a delegated one. Though its
powers are sovereign in the sense that there is no appeal from them, yet
they must not be exercised in an arbitrary way. So far as there is a
capacity for the realisation of responsibility to God so far must that
responsibility be observed. Where this responsibility is disregarded,
society immediately becomes the greater criminal itself even though its
deeds may be done in the name of the majority of its members. As history
is not without examples of th
|