Название: The Essential Works of Friedrich Nietzsche
Автор: Friedrich Nietzsche
Издательство: Bookwire
Жанр: Документальная литература
isbn: 9788027220625
isbn:
13.
To return to our subject, namely punishment, we must make consequently a double distinction: first, the relatively permanent element, the custom, the act, the "drama," a certain rigid sequence of methods of procedure; on the other hand, the fluid element, the meaning, the end, the expectation which is attached to the operation of such procedure. At this point we immediately assume, per analogiam (in accordance with the theory of the historic method, which we have elaborated above), that the procedure itself is something older and earlier than its utilisation in punishment, that this utilisation was introduced and interpreted into the procedure (which had existed for a long time, but whose employment had another meaning), in short, that the case is different from that hitherto supposed by our naïf genealogists of morals and of law, who thought that the procedure was invented for the purpose of punishment, in the same way that the hand had been previously thought to have been invented for the purpose of grasping. With regard to the other element in punishment, its fluid element, its meaning, the idea of punishment in a very late stage of civilisation (for instance, contemporary Europe) is not content with manifesting merely one meaning, but manifests a whole synthesis "of meanings." The past general history of punishment, the history of its employment for the most diverse ends, crystallises eventually into a kind of unity, which is difficult to analyse into its parts, and which, it is necessary to emphasise, absolutely defies definition. (It is nowadays impossible to say definitely the precise reason for punishment: all ideas, in which a whole process is promiscuously comprehended, elude definition; it is only that which has no history, which can be defined.) At an earlier stage, on the contrary, that synthesis of meanings appears much less rigid and much more elastic; we can realise how in each individual case the elements of the synthesis change their value and their position, so that now one element and now another stands out and predominates over the others, nay, in certain cases one element (perhaps the end of deterrence) seems to eliminate all the rest. At any rate, so as to give some idea of the uncertain, supplementary, and accidental nature of the meaning of punishment and of the manner in which one identical procedure can be employed and adapted for the most diametrically opposed objects, I will at this point give a scheme that has suggested itself to me, a scheme itself based on comparatively small and accidental material.—Punishment, as rendering the criminal harmless and incapable of further injury.—Punishment, as compensation for the injury sustained by the injured party, in any form whatsoever (including the form of sentimental compensation).—Punishment, as an isolation of that which disturbs the equilibrium, so as to prevent the further spreading of the disturbance.—Punishment as a means of inspiring fear of those who determine and execute the punishment.—Punishment as a kind of compensation for advantages which the wrong-doer has up to that time enjoyed (for example, when he is utilised as a slave in the mines).—Punishment, as the elimination of an element of decay (sometimes of a whole branch, as according to the Chinese laws, consequently as a means to the purification of the race, or the preservation of a social type).—-Punishment as a festival, as the violent oppression and humiliation of an enemy that has at last been subdued.—Punishment as a mnemonic, whether for him who suffers the punishment—the so-called "correction," or for the witnesses of its administration. Punishment, as the payment of a fee stipulated for by the power which protects the evil-doer from the excesses of revenge.—Punishment, as a compromise with the natural phenomenon of revenge, in so far as revenge is still maintained and claimed as a privilege by the stronger races.—Punishment as a declaration and measure of war against an enemy of peace, of law, of order, of authority, who is fought by society with the weapons which war provides, as a spirit dangerous to the community, as a breaker of the contract on which the community is based, as a rebel, a traitor, and a breaker of the peace.
14.
This list is certainly not complete; it is obvious that punishment is overloaded with utilities of all kinds. This makes it all the more permissible to eliminate one supposed utility, which passes, at any rate in the popular mind, for its most essential utility, and which is just what even now provides the strongest support for that faith in punishment which is nowadays for many reasons tottering. Punishment is supposed to have the value of exciting in the guilty the consciousness of guilt; in punishment is sought the proper instrumentum of that psychic reaction which becomes known as a "bad conscience," "remorse." But this theory is even, from the point of view of the present, a violation of reality and psychology: and how much more so is the case when we have to deal with the longest period of man's history, his primitive history! Genuine remorse is certainly extremely rare among wrong-doers and the victims of punishment; prisons and houses of correction are not the soil on which this worm of remorse pullulates for choice—this is the unanimous opinion of all conscientious observers, who in many cases arrive at such a judgment with enough reluctance and against their own personal wishes. Speaking generally, punishment hardens and numbs, it produces concentration, it sharpens the consciousness of alienation, it strengthens the power of resistance. When it happens that it breaks the man's energy and brings about a piteous prostration and abjectness, such a result is certainly even less salutary than the average effect of punishment, which is characterised by a harsh and sinister doggedness. The thought of those prehistoric millennia brings us to the unhesitating conclusion, that it was simply through punishment that the evolution of the consciousness of guilt was most forcibly retarded—at any rate in the victims of the punishing power. In particular, let us not underestimate the extent to which, by the very sight of the judicial and executive procedure, the wrong-doer is himself prevented from feeling that his deed, the character of his act, is intrinsically reprehensible: for he sees clearly the same kind of acts practised in the service of justice, and then called good, and practised СКАЧАТЬ