LITMIR.BIZ

Скачать книгу

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 consciousness of being able to despise and ill-treat a creature—as an "inferior"—or at any rate of seeing him being despised and ill-treated, in case the actual power of punishment, the administration of punishment, has already become transferred to the "authorities." The compensation consequently consists in a claim on cruelty and a right to draw thereon.

      6.

      It is then in this sphere of the law of contract that we find the cradle of the whole moral world of the ideas of "guilt," "conscience," "duty," the "sacredness of duty,"—their commencement, like the commencement of all great things in the world, is thoroughly and continuously saturated with blood. And should we not add that this world has never really lost a certain savour of blood and torture (not even in old Kant; the categorical imperative reeks of cruelty). It was in this sphere likewise that there first became formed that sinister and perhaps now indissoluble association of the ideas of "guilt" and "suffering." To put the question yet again, why can suffering be a compensation for "owing"?—Because the infliction of suffering produces the highest degree of happiness, because the injured party will get in exchange for his loss (including his vexation at his loss) an extraordinary counter-pleasure: the infliction of suffering—a real feast, something that, as I have said, was all the more appreciated the greater the paradox created by the rank and social status of the creditor. These observations are purely conjectural; for, apart from the painful nature of the task, it is hard to plumb such profound depths: the clumsy introduction of the idea of "revenge" as a connecting-link simply hides and obscures the view instead of rendering it clearer (revenge itself simply leads back again to the identical problem—"How can the infliction of suffering be a satisfaction?"). In my opinion it is repugnant to the delicacy, and still more to the hypocrisy of tame domestic animals (that is, modern men; that is, ourselves), to realise with all their energy the extent to which cruelty constituted the great joy and delight of ancient man, was an ingredient which seasoned nearly all his pleasures, and conversely the extent of the naïveté and innocence with which he manifested his need for cruelty, when he actually made as a matter of principle "disinterested malice" (or, to use Spinoza's expression, the sympathia malevolens) into a normal characteristic of man—as consequently something to which the conscience says a hearty yes. The more profound observer has perhaps already had sufficient opportunity for noticing this most ancient and radical joy and delight of mankind; in Beyond Good and Evil, Aph. 188 (and even earlier, in The Dawn of Day, Aphs. 18, 77, 113), I have cautiously indicated the continually growing spiritualisation and "deification" of cruelty, which pervades the whole history of the higher civilisation (and in the larger sense even constitutes it). At any rate the time is not so long past when it was impossible to conceive of royal weddings and national festivals on a grand scale, without executions, tortures, or perhaps an auto-da-fé", or similarly to conceive of an aristocratic household, without a creature to serve as a butt for the cruel and malicious baiting of the inmates. (The reader will perhaps remember Don Quixote at the court of the Duchess: we read nowadays the whole of Don Quixote with a bitter taste in the mouth, almost with a sensation of torture, a fact which would appear very strange and very incomprehensible to the author and his contemporaries—they read it with the best conscience in the world as the gayest of books; they almost died with laughing at it.) The sight of suffering does one good, the infliction of suffering does one more good—this is a hard maxim, but none the less a fundamental maxim, old, powerful, and "human, all-too-human"; one, moreover, to which perhaps even the apes as well would subscribe: for it is said that in inventing bizarre cruelties they are giving abundant proof of their future humanity, to which, as it were, they are playing the prelude. Without cruelty, no feast: so teaches the oldest and longest history of man—and in punishment too is there so much of the festive.

      7.

      Entertaining, as I do, these thoughts, I am, let me say in parenthesis, fundamentally opposed to helping our pessimists to new water for the discordant and groaning mills of their disgust with life; on the contrary, it should be shown specifically that, at the time when mankind was not yet ashamed of its cruelty, life in the world was brighter than it is nowadays when there are pessimists. The darkening of the heavens over man has always increased in proportion to the growth of man's shame before man. The tired pessimistic outlook, the mistrust of the riddle of life, the icy negation of disgusted ennui, all those are not the signs of the most evil age of the human race: much rather do they come first to the light of day, as the swamp-flowers, which they are, when the swamp to which they belong, comes into existence—I mean the diseased refinement and moralisation, thanks to which the "animal man" has at last learnt to be ashamed of all his instincts. On the road to angelhood (not to use in this context a harder word) man has developed that dyspeptic stomach and coated tongue, which have made not only the joy and innocence of the animal repulsive to him, but also life itself:—so that sometimes

Скачать книгу