E. P. Evans

“ It is remarkable how long this crude and superficial conception of justice prevailed, and how very recently even the first attempts have been made to establish penal codes on a philosophic basis. The punishableness of an offence is now generally recognized as depending solely upon the sanity and rationality of the offender. Crime, morally and legally considered, presupposes, not perfect, for such a thing does not exist, but normal freedom of the will on the part of the agent. Where this element is wanting, there is no culpability, whatever may have been the consequences of the act. ”

“ It would be difficult to deny the existence of a constitutionally criminal class, a persistently perverse element, which is the born foe of all law and order, at war with every form of social and political organization and whose permanent attitude of mind is that of the Irishman, who, on landing in New York, inquired: “Have ye a government here?” ”

“ Indeed, the persistent and pitiless perpetration of this one sort of crime by this woman, under circumstances which should have excited compassion in the hardest human heart, seems more like the working of some baneful and irrepressible force in nature, or the relentless operation of a destructive machine, than like the voluntary action of a free and responsible moral agent. ”

“ As the pious Parsi conscientiously comes up to the help of Ahuramazda against the malevolent Angrô-mainyush by killing as many as possible of the creatures which the latter has made, so the good Catholic becomes an efficient co-worker with God by maltreating brutes and thus aiding the Almighty in punishing the devils, of which they are the visible and bruisable forms. Whatever pain is inflicted is felt, not by the physical organism, but by the animated spirit. It is the embodied demon that really suffers, howling in the beaten dog and squealing in the butchered pig. ”

“ Even the dead, who should have been hanged, but escaped their due punishment, could not rest in their graves until the corpse had suffered the proper legal penalty at the hands of the public executioner. Their restless ghosts wandered about as vampires or other malicious spooks until their crimes had been expiated by digging up their bodies and suspending them from the gallows. Culprits, who died on the rack or in prison, were brought to the scaffold as though they were still alive. ”

“ The worship of animals originates in the belief that they are embodiments of devils, so that zoölatry, which holds such a prominent place in primitive religions, is only a specific form of demonolatry. The objection that a flea or a fly, a mite or a mosquito is too small a creature to furnish fit lodgment for a demon, Father Bougeant dismisses with an indulgent smile and disparaging shrug as implying a gross misconception of the nature and properties of spirit, which is without extension or dimension and therefore capable of animating the most diminutive particle of organized matter. ”

“ If it be said that these poor creatures, which we have learned to love and so fondly cherish, are fore-ordained to eternal torments, I can only adore the decrees of God, but do not hold myself responsible for the terrible sentence; I leave the execution of the dread decision to the sovereign judge and continue to live with my little devils, as I live pleasantly with a multitude of persons, of whom, according to the teachings of our holy religion, the great majority will be damned. ”

“ The puzzling knots, which we seek painfully to untie and often succeed only in hopelessly tangling, they boldly cut with executioner’s sword. They dealt directly with overt acts and administered justice with a rude and retaliative hand, more accustomed and better adapted to clinch a fist and strike a blow than to weigh motives nicely in a balance, to measure gradations of culpability, or to detect delicate differences in the psychical texture and spiritual qualities of deeds. ”

“ If it be true, as asserted by Mynheer Heymanns, one of the latest expounders of Schopenhauer’s ethics, that “a man is responsible for his actions only so far as his character finds expression in them, and is to be judged solely by his character,” what shall be done in cases like the afore-mentioned, in which the criminal conduct is exceptional, and so far from being symptomatic of the general character stands out as an isolated and ugly excrescence and appalling abnormity? ”

“ If a monkey gets angry and kills a child, he obeys the same vicious propensity that impels a brutal man to commit murder. There is no greater “defect of reason” in one case than in the other. Why then should the monkey be summarily shot or knocked on the head, and the man arrested, tried, convicted and hanged by the constituted authorities? Simply because such a public prosecution and execution would not exert any influence whatever in preventing infanticide on the part of other monkeys ”

“ This violent recoil from extreme cruelty to excessive commiseration is due, in a great measure, to the Italian temperament, to a peculiar gentleness and impressionableness of character, which, combined with an instinctive aversion to whatever shocks the senses and mars the pleasure of the moment, are apt to degenerate into shallow sentimentality and sickly sensibility, thereby enfeebling and perverting the moral sense and distorting all ideas of right and justice. ”

“ As the very slightest impulse given to an atom of matter communicates itself to every other atom, and thus disturbs the equilibrium of the globe—the footfall of a child shaking the earth to its centre—so the influence of every human life, however small, contributes to the general increase and ascendency of either good or evil, and helps to determine which of these principles shall ultimately triumph. ”

“ Tribunals have only to do with individual criminals as their conduct affects the general welfare. In what manner their characters have been formed by ancestral agencies and other predispositions may be an interesting study to the psychologist and the sociologist, but does not concern the judge or the jurist in the discharge of their official functions. The problem of crime is therefore a very simple one, so far as the criminal lawyer has to deal with the concrete case, but very complex, when we look beyond the overt act to its genesis in the life of the race. ”

“ Evolution, on the contrary, promises a gradual release from low ancestral conditions—the original sin of the theologians—and opens up to the race a way of redemption, not only through natural selection and spontaneous variations resulting in higher and nobler types of mankind, but also through the modification of inherited traits by careful breeding, thorough discipline and the conscious and constant endeavour of every human being to improve and perfect himself. ”

“ Lex talionis is the oldest kind of law and the most deeply rooted in human nature. To the primitive man and the savage, tit for tat is an ethical axiom, which it would be thought immoral as well as cowardly not to put into practice. No principle is held more firmly or acted upon more universally than that of literal and exact retributions in man’s dealings with his fellows—the iron rule of doing unto others the wrongs which others have done unto you. ”

“ Branded with hereditary infamy and excluded from all hope of honour or of property, may they suffer the torture of disgrace and poverty until they shall look upon life as a curse and long for death as a kind release. ”

“ And if the ape be made responsible and punishable, why not the dog, the horse, the pig, and the cat? In other words, does evolutionary criminology justify the judicial proceedings instituted by mediæval courts [Pg 237] against animals or regard the typical human criminal as having in this respect no supremacy over the beast? Does modern science take us back to the barbarities of the Middle Ages in matters of penal legislation, and in abolishing judicial procedure against quadrupedal beasts is it thereby logically forced to stay the hand of justice uplifted against bipedal brutes? ”

“ Much of the individual viciousness, which society is required to punish, springs directly from the unjust and injurious conditions of life, which society itself has created. It is the perception of this fact that disturbs the conscience, puzzles the will, and palsies the arm of the modern law-giver and executor of justice. ”

“ Suicide is, in fact, the resultant of a vast number of complicated and far-reaching forces, which we can neither trace nor measure, and of which the victims themselves are for the most part unconscious. To a very considerable degree, it is a question of environment in the broadest sense of the term; “an effect,” says Morselli, “of the struggle for existence and of human selection, working according to the laws of evolution among civilized peoples.” What is proved to be true of self-slaughter is equally so of murder and every other crime. ”

“ A curious example of imputed crime and its penal consequences is seen in the Roman custom of celebrating the anniversary of the preservation of the Capitol from the night-attack of the Gauls, not only by paying honour to the descendants of the sacred geese, whose cries gave warning of the enemy’s approach, adorning them with jewels and carrying them about in litters, but also by crucifying a dog, as a punishment for the want of vigilance shown by its progenitors on that occasion. ”

“ An ox is created for man’s sake, and can therefore be killed for his sake; and in doing this there is no question of right or wrong as regards the ox; on the other hand, it is not permissible to kill a man, unless he has deserved death as a punishment.” The remarkable points in this decision are, first, the abrogation of a biblical enactment by an ecclesiastical court of the seventeenth century, and, secondly, the discussion of a criminal act from a psychiatrical point of view and the admission of extenuating and exculpating circumstances derived from this source. ”

“ This crude and brutal conception of justice is the survival of a primitive and barbarous state of society, and it is curious to observe how the most highly civilized peoples, who have outgrown this notion and set it aside in the secular relations of man to man, still cling to it as something sacred and sublime in the spiritual relations of man to the deity. ”

“ The necessity of a change in our penal legislation has already made itself widely felt. The contest with crime must now be carried on in a different manner from what it was when men waged war with bows and arrows; modern criminality [Pg 220] must be fought, as it were, with repeating rifles.” In other words, we can never suppress crime by meeting it with bludgeons and boomerangs and other rude implements of barbarous warfare, but must encounter it with the finest and most effective weapons of precision, which the armoury of modern science can put into our hands. ”

“ From the very earliest times a peculiar magical potency has been ascribed to words woven into rhythmic form. The fascination which metrical expression, even as a mere jingle and jargon, still retains for the youth of the individual was yet far more strongly felt in the youth of the race. The simple song was intoned as a spell and the rude chant mumbled as a charm.
In France the conjuration of field-mice bears a more distinctly religious stamp. ”

“ Indeed, Schopenhauer’s postulate of the will as the sole energy and actuality in the universe is only the philosophic statement of an assumption, upon which magicians and medicine-men, enchanters, exorcists and anathematizers have acted more or less in all ages. We have a striking illustration of the workings of some such mysterious, quasi-hyperphysical force in hypnotism, the reality of which it is no longer possible to deny, however wonderful and incomprehensible its manifestations may appear. ”

“ This is the ultimate object not only of the prison and the scaffold, but also of all reformatories for juvenile offenders and vagabonds, who by judicious correction and instruction may perhaps be brought to amend their ways and thus be prevented from becoming a social danger by swelling the disorderly ranks of the permanently criminal classes. If a person proves to be unamenable to moral or penitential measures and remains an incorrigible transgressor, it is the duty of the community to set him aside by death or by life-long durance. ”

“ The horrible mutilations to which criminals were formerly subjected, originated in an endeavour to administer strictly even-handed justice. What could be fairer or more fit than to punish perjury by cutting off the two fingers which the perjurer had held up in taking the violated oath? It was a popular belief that the fingers of an undetected perjurer would grow out of the grave after death, seeking retributive amputation, as a plant seeks the light, and that his ghost would never rest until this penalty had been inflicted. ”