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the public opinion of the majority unless that public opinion made itself
effective by the use of force against them。 Probably； in fact； such force
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would be applied through popular indignation； but in that case we should
revive the evils of the criminal law with the added evils of uncertainty；
haste and passion； which are inseparable from the practice of lynching。 If；
as we have suggested； it were found necessary to provide an economic
stimulus to work by allowing fewer luxuries to idlers； this would afford a
new motive for theft on their part and a new necessity for some form of
criminal law。
2。 Crimes of Violence。Cruelty to children； crimes of jealousy； rape；
and so forth； are almost certain to occur in any society to some extent。 The
prevention of such acts is essential to the existence of freedom for the
weak。 If nothing were done to hinder them； it is to be feared that the
customs of a society would gradually become rougher； and that acts which
are now rare would cease to be so。 If Anarchists are right in maintaining
that the existence of such an economic system as they desire would
prevent the commission of crimes of this kind； the laws forbidding them
would no longer come into operation； and would do no harm to liberty。 If；
on the other hand； the impulse to such actions persisted； it would be
necessary that steps should be taken to restrain men from indulging it。
3。 The third class of difficulties is much the most serious and involves
much the most drastic interference with liberty。 I do not see how a private
army could be tolerated within an Anarchist community； and I do not see
how it could be prevented except by a general prohibition of carrying arms。
If there were no such prohibition； rival parties would organize rival forces；
and civil war would result。 Yet； if there is such a prohibition； it cannot well
be carried out without a very considerable interference with individual
liberty。 No doubt； after a time； the idea of using violence to achieve a
political object might die down； as the practice of duelling has done。 But
such changes of habit and outlook are facilitated by legal prohibition； and
would hardly come about without it。 I shall not speak yet of the
international aspect of this same problem； for I propose to deal with that in
the next chapter； but it is clear that the same considerations apply with
even greater force to the relations between nations。
If we admit； however reluctantly； that a criminal law is necessary and
that the force of the community must be brought to bear to prevent certain
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kinds of actions； a further question arises： How is crime to be treated？
What is the greatest measure of humanity and respect for freedom that is
compatible with the recognition of such a thing as crime？ The first thing to
recognize is that the whole conception of guilt or sin should be utterly
swept away。 At present； the criminal is visited with the displeasure of the
community： the sole method applied to prevent the occurrence of crime is
the infliction of pain upon the criminal。 Everything possible is done to
break his spirit and destroy his self…respect。 Even those pleasures which
would be most likely to have a civilizing effect are forbidden to him；
merely on the ground that they are pleasures； while much of the suffering
inflicted is of a kind which can only brutalize and degrade still further。 I
am not speaking； of course； of those few penal institutions which have
made a serious study of reforming the criminal。 Such institutions；
especially in America； have been proved capable of achieving the most
remarkable results； but they remain everywhere exceptional。 The broad
rule is still that the criminal is made to feel the displeasure of society。 He
must emerge from such a treatment either defiant and hostile； or
submissive and cringing； with a broken spirit and a loss of self…respect。
Neither of these results is anything but evil。 Nor can any good result be
achieved by a method of treatment which embodies reprobation。
When a man is suffering from an infectious disease he is a danger to
the community； and it is necessary to restrict his liberty of movement。 But
no one associates any idea of guilt with such a situation。 On the contrary；
he is an object of commiseration to his friends。 Such steps as science
recommends are taken to cure him of his disease； and he submits as a rule
without reluctance to the curtailment of liberty involved meanwhile。 The
same method in spirit ought to be shown in the treatment of what is called
‘‘crime。'' It is supposed； of course； that the criminal is actuated by
calculations of self…interest； and that the fear of punishment； by supplying
a contrary motive of self…interest affords the best deterrent； The dog；
to gain some private end； Went mad and bit the man。
This is the popular view of crime； yet no dog goes mad from choice；
and probably the same is true of the great majority of criminals； certainly
in the case of crimes of passion。 Even in cases where self…interest is the
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motive； the important thing is to prevent the crime； not to make the
criminal suffer。 Any suffering which may be entailed by the process of
prevention ought to be regarded as regrettable； like the pain involved in a
surgical operation。 The man who commits a crime from an impulse to
violence ought to be subjected to a scientific psychological treatment；
designed to elicit more beneficial impulses。 The man who commits a
crime from calculations of self… interest ought to be made to feel that self…
interest itself； when it is fully understood； can be better served by a life
which is useful to the community than by one which is harmful。 For this
purpose it is chiefly necessary to widen his outlook and increase the scope
of his desires。 At present； when a man suffers from insufficient love for his
fellow…creatures； the method of curing him which is commonly adopted
seems scarcely designed to succeed； being； indeed； in essentials； the same
as his attitude toward them。 The object of the prison administration is to
save trouble； not to study the individual case。 He is kept in captivity in a
cell from which all sight of the earth is shut out： he is subjected to
harshness by warders； who have too often become brutalized by their
occupation。＇53＇ He is solemnly denounced as an enemy to society。 He is
compelled to perform mechanical tasks； chosen for their wearisomeness。
He is given no education and no incentive to self…improvement。 Is it to be
wondered at if； at the end of such a course of treatment； his feelings
toward the community are no more friendly than they were at the
beginning？
＇53＇ This was written before the author had any personal experience
of the prison system。 He personally met with nothing but kindness at the
hands of the prison officials。
Severity of punishment arose through vindictiveness and fear in an
age when many criminals escaped justice altogether； and it was hoped that
savage sentences would outweigh the chance of escape in the mind of the
criminal。 At present a very large part of the criminal law is concerned in
safeguarding the rights of property； that is to sayas things are nowthe
unjust privileges of the rich。 Those whose principles lead them into
conflict with government； like Anarchists； bring a most formidable
indictment against the law and the authorities for the unjust manner in
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