-society, be
sounded; then, and not till then, will justice--the justice not of
Civilisation but of Socialism--become the corner-stone of the social
arch."[881] Therefore one of the first acts of Socialist government
will be "the abrogation of 'civil law,' especially that largest
department of it which is concerned with the enforcement of contract
and me recovery of debt."[882]
Socialists never tire of denouncing the barbarity of the existing law.
According to their religious views given in Chapter XXVI. (see p.
360), man is an irresponsible being. He does not know the difference
between right and wrong, between good and evil. Therefore it is
according to their opinion unjust and cruel to punish criminals. "The
Christian regards the hooligan, the thief, the wanton, and the
drunkard as men and women who have done wrong. But the humanist
regards them as men and women who have been wronged."[883] "Human law,
like divine law, is based upon the false idea that men know what is
right and what is wrong, and have power to choose the right."[884]
"Man becomes that which he is by the action of forces outside
himself."[885] "All human actions are ruled by heredity and
environment. Man is not responsible for his heredity and environment.
Therefore all blame and all punishment are unjust. Blame and
punishment, besides being unjust, are ineffectual."[886]
"To the Socialist, for every crime committed the State, or the society
in which it is committed, is as much or more responsible than the
individual."[887] "A society that employs the gallows and the 'cat'
pretty much deserves all it gets at the hands of criminals. If the
criminal, when he gets the chance of doing so with impunity, commits
the crime for which the gallows or the lash is reserved, society has
only itself to thank."[888]
From the foregoing considerations it logically follows that "a
Socialist administration would treat delinquents with the utmost
leniency consistent with the existence of society."[889] "A man of
average sense ought to be able to protect himself against fraud. Theft
only requires the restitution of the stolen property plus an addition,
such as the Roman law provided. The ideal condition of a community is
that the remorse following the commission of a crime should be an
adequate preventive of its commission"[890]--By its attitude towards
crime, Socialism should secure for itself the enthusiastic support of
the criminal classes. By abrogating the en
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