LITMIR.BIZ

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never stops hurting remains in his memory." This is an axiom of the oldest (unfortunately also the longest) psychology in the world. It might even be said that wherever solemnity, seriousness, mystery, and gloomy colours are now found in the life of the men and of nations of the world, there is some survival of that horror which was once the universal concomitant of all promises, pledges, and obligations. The past, the past with all its length, depth, and hardness, wafts to us its breath, and bubbles up in us again, when we become "serious." When man thinks it necessary to make for himself a memory, he never accomplishes it without blood, tortures, and sacrifice; the most dreadful sacrifices and forfeitures (among them the sacrifice of the first-born), the most loathsome mutilation (for instance, castration), the most cruel rituals of all the religious cults (for all religions are really at bottom systems of cruelty)—all these things originate from that instinct which found in pain its most potent mnemonic. In a certain sense the whole of asceticism is to be ascribed to this: certain ideas have got to be made inextinguishable, omnipresent, "fixed," with the object of hypnotising the whole nervous and intellectual system through these "fixed ideas"—and the ascetic methods and modes of life are the means of freeing those ideas from the competition of all other ideas so as to make them "unforgettable." The worse memory man had, the ghastlier the signs presented by his customs; the severity of the penal laws affords in particular a gauge of the extent of man's difficulty in conquering forgetfulness, and in keeping a few primal postulates of social intercourse ever present to the minds of those who were the slaves of every momentary emotion and every momentary desire. We Germans do certainly not regard ourselves as an especially cruel and hard-hearted nation, still less as an especially casual and happy-go-lucky one; but one has only to look at our old penal ordinances in order to realise what a lot of trouble it takes in the world to evolve a "nation of thinkers" (I mean: the European nation which exhibits at this very day the maximum of reliability, seriousness, bad taste, and positiveness, which has on the strength of these qualities a right to train every kind of European mandarin). These Germans employed terrible means to make for themselves a memory, to enable them to master their rooted plebeian instincts and the brutal crudity of those instincts: think of the old German punishments, for instance, stoning (as far back as the legend, the millstone falls on the head of the guilty man), breaking on the wheel (the most original invention and speciality of the German genius in the sphere of punishment), dart-throwing, tearing, or trampling by horses ("quartering"), boiling the criminal in oil or wine (still prevalent in the fourteenth and fifteenth centuries), the highly popular flaying ("slicing into strips"), cutting the flesh out of the breast; think also of the evil-doer being besmeared with honey, and then exposed to the flies in a blazing sun. It was by the help of such images and precedents that man eventually kept in his memory five or six "I will nots" with regard to which he had already given his promise, so as to be able to enjoy the advantages of society—and verily with the help of this kind of memory man eventually attained "reason"! Alas! reason, seriousness, mastery over the emotions, all these gloomy, dismal things which are called reflection, all these privileges and pageantries of humanity: how dear is the price that they have exacted! How much blood and cruelty is the foundation of all "good things"!

      4.

      But how is it that that other melancholy object, the consciousness of sin, the whole "bad conscience," came into the world? And it is here that we turn back to our genealogists of morals. For the second time I say—or have I not said it yet?—that they are worth nothing. Just their own five-spans-long limited modern experience; no knowledge of the past, and no wish to know it; still less a historic instinct, a power of "second sight" (which is what is really required in this case)—and despite this to go in for the history of morals. It stands to reason that this must needs produce results which are removed from the truth by something more than a respectful distance.

Have these current genealogists of morals ever allowed themselves to have even the vaguest notion, for instance, that the cardinal moral idea of "ought"2 originates from the very material idea of "owe"? Or that punishment developed as a retaliation absolutely independently of any preliminary hypothesis of the freedom or determination of the will?—And this to such an extent, that a high degree of civilisation was always first necessary for the animal man to begin to make those much more primitive distinctions of "intentional," "negligent," "accidental," "responsible," and their contraries, and apply them in the assessing of punishment. That idea—"the wrong-doer deserves punishment because he might have acted otherwise," in spite of the fact that it is nowadays so cheap, obvious, natural, and inevitable, and that it has had to serve as an illustration of the way in which the sentiment of justice appeared on earth, is in point of fact an exceedingly late, and even refined form of human judgment and inference; the placing of this idea back at the beginning of the world is simply a clumsy violation of the principles of primitive psychology. Throughout the longest period of human history punishment was never based on the responsibility of the evil-doer for his action, and was consequently not based on the hypothesis that only the guilty should be punished;—on the contrary, punishment was inflicted in those days for the same reason that parents punish their children even nowadays, out of anger at an injury that they have suffered, an anger which vents itself mechanically on the author of the injury—but this anger is kept in bounds and modified through the idea that every injury has somewhere or other its equivalent price, and can really be paid off, even though it be by means of pain to the author. Whence is it that this ancient deep-rooted and now perhaps ineradicable idea has drawn its strength, this idea of an equivalency between injury and pain? I have already revealed its origin, in the contractual relationship between creditor and ower, that is as old as the existence of legal rights at all, and in its turn points back to the primary forms of purchase, sale, barter, and trade.

      5.

      The realisation of these contractual relations excites, of course (as would be already expected from our previous observations), a great deal of suspicion and opposition towards the primitive society which made or sanctioned them. In this society promises will be made; in this society the object is to provide the promiser with a memory; in this society, so may we suspect, there will be full scope for hardness, cruelty, and pain: the "ower," in order to induce credit in his promise of repayment, in order to give a guarantee of the earnestness and sanctity of his promise, in order to drill into his own conscience the duty, the solemn duty, of repayment, will, by virtue of a contract with his creditor to meet the contingency of his not paying, pledge something that he still possesses, something that he still has in his power, for instance, his life or his wife, or his freedom or his body (or under certain religious conditions even his salvation, his soul's welfare, even his peace in the grave; so in Egypt, where the corpse of the ower found even in the grave no rest from the creditor—of course, from the Egyptian standpoint, this peace was a matter of particular importance). But especially has the creditor the power of inflicting on the body of the ower all kinds of pain and torture—the power, for instance, of cutting off from it an amount that appeared proportionate to the greatness of the debt;—this point of view resulted in the universal prevalence at an early date of precise schemes of valuation, frequently horrible in the minuteness and meticulosity of their application, legally sanctioned schemes of valuation for individual limbs and parts of the body. I consider it as already a progress, as a proof of a freer, less petty, and more Roman conception of law, when the Roman Code of the Twelve Tables decreed that it was immaterial how much or how little the creditors in such a contingency cut off, "si plus minusve secuerunt, ne fraude esto." Let us make the logic of the whole of this equalisation process clear; it is strange enough. The equivalence consists in this: instead of an advantage directly compensatory of his injury (that is, instead of an equalisation in money, lands, or some kind of chattel), the creditor is granted by way of repayment and compensation a certain sensation of satisfaction—the satisfaction of being able to vent, without any trouble, his power on one who is powerless, the delight "de faire le mal pour le plaisir de le faire," the joy in sheer violence: and this joy will be relished in proportion to the lowness and humbleness of the creditor in the social scale, and is quite apt to have the effect of the most delicious dainty, and even seem the foretaste of a higher social position. Thanks to the punishment of the "ower," the creditor participates in the rights of the masters. At last he too, for once in a way, attains the edifying

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