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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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which they support the status quo。 Many of the actions by which men have
become rich are far more harmful to the community than the obscure
crimes of poor men； yet they go unpunished because they do not interfere
with the existing order。 If the power of the community is to be brought to
bear to prevent certain classes of actions through the agency of the
criminal law； it is as necessary that these actions should really be those
which are harmful to the community； as it is that the treatment of
‘‘criminals'' should be freed from the conception of guilt and inspired by
the same spirit as is shown in the treatment of disease。 But； if these two
conditions were fulfilled； I cannot help thinking that a society which
preserved the existence of law would be preferable to one conducted on
the unadulterated principles of Anarchism。
So far we have been considering the power which the State derives
from the criminal law。 We have every reason to think that this power
cannot be entirely abolished； though it can be exercised in a wholly
different spirit； without the vindictiveness and the moral reprobation
which now form its essence。
We come next to the consideration of the economic power of the State
and the influence which it can exert through its bureaucracy。 State
Socialists argue as if there would be no danger to liberty in a State not
based upon capitalism。 This seems to me an entire delusion。 Given an
official caste； however selected； there are bound to be a set of men whose
whole instincts will drive them toward tyranny。 Together with the natural
love of power； they will have a rooted conviction （visible now in the
higher ranks of the Civil Service） that they alone know enough to be able
to judge what is for the good of the community。 Like all men who
administer a system； they will come to feel the system itself sacrosanct。
The only changes they will desire will be changes in the direction of
further regulations as to how the people are to enjoy the good things
kindly granted to them by their benevolent despots。 Whoever thinks this
picture overdrawn must have failed to study the influence and methods of
Civil Servants at present。 On every matter that arises； they know far more
than the general public about all the DEFINITE facts involved； the one
thing they do not know is ‘‘where the shoe pinches。'' But those who know
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this are probably not skilled in stating their case； not able to say off…hand
exactly how many shoes are pinching how many feet； or what is the
precise remedy required。 The answer prepared for Ministers by the Civil
Service is accepted by the ‘‘respectable'' public as impartial； and is
regarded as disposing of the case of malcontents except on a first…class
political question on which elections may be won or lost。 That at least is
the way in which things are managed in England。 And there is every
reason to fear that under State Socialism the power of officials would be
vastly greater than it is at present。
Those who accept the orthodox doctrine of democracy contend that； if
ever the power of capital were removed； representative institutions would
suffice to undo the evils threatened by bureaucracy。 Against this view；
Anarchists and Syndicalists have directed a merciless criticism。 French
Syndicalists especially； living； as they do； in a highly democratized
country； have had bitter experience of the way in which the power of the
State can be employed against a progressive minority。 This experience has
led them to abandon altogether the belief in the divine right of majorities。
The Constitution that they would desire would be one which allowed
scope for vigorous minorities； conscious of their aims and prepared to
work for them。 It is undeniable that； to all who care for progress； actual
experience of democratic representative Government is very disillusioning。
Admitting as I think we mustthat it is preferable to any PREVIOUS
form of Government； we must yet acknowledge that much of the criticism
directed against it by Anarchists and Syndicalists is thoroughly justified。