LITMIR.BIZ

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philosophers of Greece conceived the eyes of God as still looking down on the moral struggle, the heroism, and the self-torture of the virtuous; the Heracles of duty was on a stage, and was conscious of the fact; virtue without witnesses was something quite unthinkable for this nation of actors. Must not that philosophic invention, so audacious and so fatal, which was then absolutely new to Europe, the invention of "free will," of the absolute spontaneity of man in good and evil, simply have been made for the specific purpose of justifying the idea, that the interest of the gods in humanity and human virtue was inexhaustible?

      There would never on the stage of this free-will world be a dearth of really new, really novel and exciting situations, plots, catastrophes. A world thought out on completely deterministic lines would be easily guessed by the gods, and would consequently soon bore them—sufficient reason for these friends of the gods, the philosophers, not to ascribe to their gods such a deterministic world. The whole of ancient humanity is full of delicate consideration for the spectator, being as it is a world of thorough publicity and theatricality, which could not conceive of happiness without spectacles and festivals.—And, as has already been said, even in great punishment there is so much which is festive.

      8.

      The feeling of "ought," of personal obligation (to take up again the train of our inquiry), has had, as we saw, its origin in the oldest and most original personal relationship that there is, the relationship between buyer and seller, creditor and ower: here it was that individual confronted individual, and that individual matched himself against individual. There has not yet been found a grade of civilisation so low, as not to manifest some trace of this relationship. Making prices, assessing values, thinking out equivalents, exchanging—all this preoccupied the primal thoughts of man to such an extent that in a certain sense it constituted thinking itself: it was here that was trained the oldest form of sagacity, it was here in this sphere that we can perhaps trace the first commencement of man's pride, of his feeling of superiority over other animals. Perhaps our word "Mensch" (manas) still expresses just something of this self-pride: man denoted himself as the being who measures values, who values and measures, as the "assessing" animal par excellence. Sale and purchase, together with their psychological concomitants, are older than the origins of any form of social organisation and union: it is rather from the most rudimentary form of individual right that the budding consciousness of exchange, commerce, debt, right, obligation, compensation was first transferred to the rudest and most elementary of the social complexes (in their relation to similar complexes), the habit of comparing force with force, together with that of measuring, of calculating. His eye was now focussed to this perspective; and with that ponderous consistency characteristic of ancient thought, which, though set in motion with difficulty, yet proceeds inflexibly along the line on which it has started, man soon arrived at the great generalisation, "everything has its price, all can be paid for," the oldest and most naive moral canon of justice, the beginning of all "kindness," of all "equity," of all "goodwill," of all "objectivity" in the world. Justice in this initial phase is the goodwill among people of about equal power to come to terms with each other, to come to an understanding again by means of a settlement, and with regard to the less powerful, to compel them to agree among themselves to a settlement.

      9.

Measured always by the standard of antiquity (this antiquity, moreover, is present or again possible at all periods), the community stands to its members in that important and radical relationship of creditor to his "owers." Man lives in a community, man enjoys the advantages of a community (and what advantages! we occasionally underestimate them nowadays), man lives protected, spared, in peace and trust, secure from certain injuries and enmities, to which the man outside the community, the "peaceless" man, is exposed,—a German understands the original meaning of "Elend" (êlend),—secure because he has entered into pledges and obligations to the community in respect of these very injuries and enmities. What happens when this is not the case? The community, the defrauded creditor, will get itself paid, as well as it can, one can reckon on that. In this case the question of the direct damage done by the offender is quite subsidiary: quite apart from this the criminal3 is above all a breaker, a breaker of word and covenant to the whole, as regards all the advantages and amenities of the communal life in which up to that time he had participated. The criminal is an "ower" who not only fails to repay the advances and advantages that have been given to him, but even sets out to attack his creditor: consequently he is in the future not only, as is fair, deprived of all these advantages and amenities—he is in addition reminded of the importance of those advantages. The wrath of the injured creditor, of the community, puts him back in the wild and outlawed status from which he was previously protected: the community repudiates him—and now every kind of enmity can vent itself on him. Punishment is in this stage of civilisation simply the copy, the mimic, of the normal treatment of the hated, disdained, and conquered enemy, who is not only deprived of every right and protection but of every mercy; so we have the martial law and triumphant festival of the væ victis! in all its mercilessness and cruelty. This shows why war itself (counting the sacrificial cult of war) has produced all the forms under which punishment has manifested itself in history.

      10.

      As it grows more powerful, the community tends to take the offences of the individual less seriously, because they are now regarded as being much less revolutionary and dangerous to the corporate existence: the evil-doer is no more outlawed and put outside the pale, the common wrath can no longer vent itself upon him with its old licence,—on the contrary, from this very time it is against this wrath, and particularly against the wrath of those directly injured, that the evil-doer is carefully shielded and protected by the community. As, in fact, the penal law develops, the following characteristics become more and more clearly marked: compromise with the wrath of those directly affected by the misdeed; a consequent endeavour to localise the matter and to prevent a further, or indeed a general spread of the disturbance; attempts to find equivalents and to settle the whole matter (compositio); above all, the will, which manifests itself with increasing definiteness, to treat every offence as in a certain degree capable of being paid off, and consequently, at any rate up to a certain point, to isolate the offender from his act. As the power and the self-consciousness of a community increases, so proportionately does the penal law become mitigated; conversely every weakening and jeopardising of the community revives the harshest forms of that law. The creditor has always grown more humane proportionately as he has grown more rich; finally the amount of injury he can endure without really suffering becomes the criterion of his wealth. It is possible to conceive of a society blessed with so great a consciousness of its own power as to indulge in the most aristocratic luxury of letting its wrong-doers go scot-free.—"What do my parasites matter to me?" might society say. "Let them live and flourish! I am strong enough for it."—The justice which began with the maxim, "Everything can be paid off, everything must be paid off," ends with connivance at the escape of those who cannot pay to escape—it ends, like every good thing on earth, by destroying itself.—The self-destruction of Justice! we know the pretty name it calls itself—Grace! it remains, as is obvious, the privilege of the strongest, better still, their super-law.

      11.

      A deprecatory word here against the attempts, that have lately been made, to find the origin of justice on quite another basis—namely, on that of resentment. Let me whisper a word in the ear of the psychologists, if they would fain study revenge itself at close quarters: this plant blooms its prettiest at present among Anarchists and anti-Semites, a hidden flower, as it has ever been, like the violet, though, forsooth, with another perfume. And as like must necessarily emanate from like, it will not be a matter for surprise that it is just in such circles that we see the birth of endeavours (it is their old birthplace—compare above, First Essay, paragraph 14), to sanctify revenge under the name of justice (as though Justice were at bottom merely a development of the consciousness of injury), and thus with the rehabilitation of revenge to reinstate generally and collectively all the reactive emotions. I object to this last point least of all. It even seems meritorious when regarded from the standpoint of the whole problem of biology (from which standpoint the value of these emotions has up to

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