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And that to which I alone call attention, is the circumstance that it is the spirit of revenge itself, from which develops this new nuance of scientific equity (for the benefit of hate, envy, mistrust, jealousy, suspicion, rancour, revenge). This scientific "equity" stops immediately and makes way for the accents of deadly enmity and prejudice, so soon as another group of emotions comes on the scene, which in my opinion are of a much higher biological value than these reactions, and consequently have a paramount claim to the valuation and appreciation of science: I mean the really
active emotions, such as personal and material ambition, and so forth. (E. Dühring,
Value of Life; Course of Philosophy, and
passim.) So much against this tendency in general: but as for the particular maxim of Dühring's, that the home of Justice is to be found in the sphere of the reactive feelings, our love of truth compels us drastically to invert his own proposition and to oppose to him this other maxim: the
last sphere conquered by the spirit of justice is the sphere of the feeling of reaction! When it really comes about that the just man remains just even as regards his injurer (and not merely cold, moderate, reserved, indifferent: being just is always a
positive state); when, in spite of the strong provocation of personal insult, contempt, and calumny, the lofty and clear objectivity of the just and judging eye (whose glance is as profound as it is gentle) is untroubled, why then we have a piece of perfection, a past master of the world—something, in fact, which it would not be wise to expect, and which should not at any rate be too easily
believed. Speaking generally, there is no doubt but that even the justest individual only requires a little dose of hostility, malice, or innuendo to drive the blood into his brain and the fairness
from it. The active man, the attacking, aggressive man is always a hundred degrees nearer to justice than the man who merely reacts; he certainly has no need to adopt the tactics, necessary in the case of the reacting man, of making false and biassed valuations of his object. It is, in point of fact, for this reason that the aggressive man has at all times enjoyed the stronger, bolder, more aristocratic, and also
freer outlook, the
better conscience. On the other hand, we already surmise who it really is that has on his conscience the invention of the "bad conscience,"—the resentful man! Finally, let man look at himself in history. In what sphere up to the present has the whole administration of law, the actual need of law, found its earthly home? Perchance in the sphere of the reacting man? Not for a minute: rather in that of the active, strong, spontaneous, aggressive man? I deliberately defy the above-mentioned agitator (who himself makes this self-confession, "the creed of revenge has run through all my works and endeavours like the red thread of Justice"), and say, that judged historically law in the world represents the very war
against the reactive feelings, the very war waged on those feelings by the powers of activity and aggression, which devote some of their strength to damming and keeping within bounds this effervescence of hysterical reactivity, and to forcing it to some compromise. Everywhere where justice is practised and justice is maintained, it is to be observed that the stronger power, when confronted with the weaker powers which are inferior to it (whether they be groups, or individuals), searches for weapons to put an end to the senseless fury of resentment, while it carries on its object, partly by taking the victim of resentment out of the clutches of revenge, partly by substituting for revenge a campaign of its own against the enemies of peace and order, partly by finding, suggesting, and occasionally enforcing settlements, partly by standardising certain equivalents for injuries, to which equivalents the element of resentment is henceforth finally referred. The most drastic measure, however, taken and effectuated by the supreme power, to combat the preponderance of the feelings of spite and vindictiveness—it takes this measure as soon as it is at all strong enough to do so—is the foundation of
law, the imperative declaration of what in its eyes is to be regarded as just and lawful, and what unjust and unlawful: and while, after the foundation of law, the supreme power treats the aggressive and arbitrary acts of individuals, or of whole groups, as a violation of law, and a revolt against itself, it distracts the feelings of its subjects from the immediate injury inflicted by such a violation, and thus eventually attains the very opposite result to that always desired by revenge, which sees and recognises nothing but the standpoint of the injured party. From henceforth the eye becomes trained to a more and more
impersonal valuation of the deed, even the eye of the injured party himself (though this is in the final stage of all, as has been previously remarked)—on this principle "right" and "wrong" first manifest themselves after the foundation of law (and
not, as Dühring maintains, only after the act of violation). To talk of intrinsic right and intrinsic wrong is absolutely non-sensical; intrinsically, an injury, an oppression, an exploitation, an annihilation can be nothing wrong, inasmuch as life is
essentially (that is, in its cardinal functions) something which functions by injuring, oppressing, exploiting, and annihilating, and is absolutely inconceivable without such a character. It is necessary to make an even more serious confession:—viewed from the most advanced biological standpoint, conditions of legality can be only
exceptional conditions, in that they are partial restrictions of the real life-will, which makes for power, and in that they are subordinated to the life-will's general end as particular means, that is, as means to create
larger units of strength. A legal organisation, conceived of as sovereign and universal, not as a weapon in a fight of complexes of power, but as a weapon
against fighting, generally something after the style of Dühring's communistic model of treating every will as equal with every other will, would be a principle
hostile to life, a destroyer and dissolver of man, an outrage on the future of man, a symptom of fatigue, a secret cut to Nothingness.—
12.
A word more on the origin and end of punishment—two problems which are or ought to be kept distinct, but which unfortunately are usually lumped into one. And what tactics have our moral genealogists employed up to the present in these cases? Their inveterate naïveté. They find out some "end" in the punishment, for instance, revenge and deterrence, and then in all their innocence set this end at the beginning, as the causa fiendi of the punishment, and—they have done the trick. But the patching up of a history of the origin of law is the last use to which the "End in Law"4 ought to be put. Perhaps there is no more pregnant principle for any kind of history than the following, which, difficult though it is to master, should none the less be mastered in every detail.—The origin of the existence of a thing and its final utility, its practical application and incorporation in a system of ends, are toto cœlo opposed to each other—everything, anything, which exists and which prevails anywhere, will always be put to new purposes by a force superior to itself, will be commandeered afresh, will be turned and transformed to new uses; all "happening" in the organic world consists of overpowering and dominating, and again all overpowering and domination is a new interpretation and adjustment, which must necessarily obscure or absolutely extinguish the subsisting "meaning" and "end." The most perfect comprehension of the utility of any physiological organ (or also of a legal institution, social custom, political habit, form in art or in religious worship) does not for a minute imply any simultaneous comprehension of its origin: this may seem uncomfortable and unpalatable to the older men,—for it has been the immemorial belief that understanding the final cause or the utility of a thing, a form, an institution, means also understanding the reason for its origin: to give an example of this logic, the eye was made to see, the hand was made to grasp. So even punishment was conceived as invented with a view to punishing. But all ends and all utilities are only signs that a Will to Power has mastered a less powerful force, has impressed thereon out of its own self the meaning of a function; and the whole history of a "Thing," an organ, a custom, can on the same principle be regarded as a continuous "sign-chain" of perpetually new interpretations and adjustments, whose causes, so far from needing to have even a mutual connection, sometimes follow and alternate with each other absolutely haphazard. Similarly, the evolution of a "thing," of a custom, is anything but its progressus to an end, still less a logical and direct progressus attained with the minimum expenditure of energy and cost: it is rather the succession of processes of subjugation, more or less profound, more or less mutually independent, which operate on the thing itself; it is, further, the resistance which in each case invariably displayed this subjugation, the Protean wriggles by way of defence and reaction, and, further, the results of successful counter-efforts. The form is fluid, but the meaning is even more so—even inside every individual organism the case is the same: with every genuine growth of the
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