set this end at the beginning, as the causa fiendi of the punishment, and—they have done the trick. But the patching up of a history of the origin of law is the last use to which the "End in Law"4 ought to be put. Perhaps there is no more pregnant principle for any kind of history than the following, which, difficult though it is to master, should none the less be mastered in every detail.—The origin of the existence of a thing and its final utility, its practical application and incorporation in a system of ends, are toto cœlo opposed to each other—everything, anything, which exists and which prevails anywhere, will always be put to new purposes by a force superior to itself, will be commandeered afresh, will be turned and transformed to new uses; all "happening" in the organic world consists of overpowering and dominating, and again all overpowering and domination is a new interpretation and adjustment, which must necessarily obscure or absolutely extinguish the subsisting "meaning" and "end." The most perfect comprehension of the utility of any physiological organ (or also of a legal institution, social custom, political habit, form in art or in religious worship) does not for a minute imply any simultaneous comprehension of its origin: this may seem uncomfortable and unpalatable to the older men,—for it has been the immemorial belief that understanding the final cause or the utility of a thing, a form, an institution, means also understanding the reason for its origin: to give an example of this logic, the eye was made to see, the hand was made to grasp. So even punishment was conceived as invented with a view to punishing. But all ends and all utilities are only signs that a Will to Power has mastered a less powerful force, has impressed thereon out of its own self the meaning of a function; and the whole history of a "Thing," an organ, a custom, can on the same principle be regarded as a continuous "sign-chain" of perpetually new interpretations and adjustments, whose causes, so far from needing to have even a mutual connection, sometimes follow and alternate with each other absolutely haphazard. Similarly, the evolution of a "thing," of a custom, is anything but its progressus to an end, still less a logical and direct progressus attained with the minimum expenditure of energy and cost: it is rather the succession of processes of subjugation, more or less profound, more or less mutually independent, which operate on the thing itself; it is, further, the resistance which in each case invariably displayed this subjugation, the Protean wriggles by way of defence and reaction, and, further, the results of successful counter-efforts. The form is fluid, but the meaning is even more so—even inside every individual organism the case is the same: with every genuine growth of the whole, the "function" of the individual organs becomes shifted,—in certain cases a partial perishing of these organs, a diminution of their numbers (for instance, through annihilation of the connecting members), can be a symptom of growing strength and perfection. What I mean is this: even partial loss of utility, decay, and degeneration, loss of function and purpose, in a word, death, appertain to the conditions of the genuine progressus; which always appears in the shape of a will and way to greater power, and is always realised at the expense of innumerable smaller powers. The magnitude of a "progress" is gauged by the greatness of the sacrifice that it requires: humanity as a mass sacrificed to the prosperity of the one stronger species of Man—that would be a progress. I emphasise all the more this cardinal characteristic of the historic method, for the reason that in its essence it runs counter to predominant instincts and prevailing taste, which much prefer to put up with absolute casualness, even with the mechanical senselessness of all phenomena, than with the theory of a power-will, in exhaustive play throughout all phenomena. The democratic idiosyncrasy against everything which rules and wishes to rule, the modern misarchism (to coin a bad word for a bad thing), has gradually but so thoroughly transformed itself into the guise of intellectualism, the most abstract intellectualism, that even nowadays it penetrates and has the right to penetrate step by step into the most exact and apparently the most objective sciences: this tendency has, in fact, in my view already dominated the whole of physiology and biology, and to their detriment, as is obvious, in so far as it has spirited away a radical idea, the idea of true activity. The tyranny of this idiosyncrasy, however, results in the theory of "adaptation" being pushed forward into the van of the argument, exploited; adaptation—that means to say, a second-class activity, a mere capacity for "reacting"; in fact, life itself has been defined (by Herbert Spencer) as an increasingly effective internal adaptation to external circumstances. This definition, however, fails to realise the real essence of life, its will to power. It fails to appreciate the paramount superiority enjoyed by those plastic forces of spontaneity, aggression, and encroachment with their new interpretations and tendencies, to the operation of which adaptation is only a natural corollary: consequently the sovereign office of the highest functionaries in the organism itself (among which the life-will appears as an active and formative principle) is repudiated. One remembers Huxley's reproach to Spencer of his "administrative Nihilism": but it is a case of something much more than "administration."
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
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