"This characteristic distinction, which perhaps escapes notice at first sight, appears clearly when the origin of the State is studied." Kropotkin, "The State." p. 4.
Attractive as this view is, I cannot resist the conclusion that it results from impatience and represents the attempt to find a short-cut toward the ideal which all humane people desire.
Let us begin with the question of private crime.[50] Anarchists maintain that the criminal is manufactured by bad social conditions and would disappear in such a world as they aim at creating.[51] No doubt there is a great measure of truth in this view. There would be little motive to robbery, for example, in an Anarchist world, unless it were organized on a large scale by a body of men bent on upsetting the Anarchist regime. It may also be conceded that impulses toward criminal violence could be very largely eliminated by a better education. But all such contentions, it seems to me, have their limitations. To take an extreme case, we cannot suppose that there would be no lunatics in an Anarchist community, and some of these lunatics would, no doubt, be homicidal. Probably no one would argue that they ought to be left at liberty. But there are no sharp lines in nature; from the homicidal lunatic to the sane man of violent passions there is a continuous gradation. Even in the most perfect community there will be men and women, otherwise sane, who will feel an impulse to commit murder from jealousy. These are now usually restrained by the fear of punishment, but if this fear were removed, such murders would probably become much more common, as may be seen from the present behavior of certain soldiers on leave. Moreover, certain kinds of conduct arouse public hostility, and would almost inevitably lead to lynching, if no other recognized method of punishment existed. There is in most men a certain natural vindictiveness, not always directed against the worst members of the community. For example, Spinoza was very nearly murdered by the mob because he was suspected of undue friendliness to France at a time when Holland was at war with that country. Apart from such cases, there would be the very real danger of an organized attempt to destroy Anarchism and revive ancient oppressions. Is it to be supposed, for example, that Napoleon, if he had been born into such a community as Kropotkin advocates, would have acquiesced tamely in a world where his genius could find no scope? I cannot see what should prevent a combination of ambitious men forming themselves into a private army, manufacturing their own munitions, and at last enslaving the defenseless citizens, who had relied upon the inherent attractiveness of liberty. It would not be consistent with the principles of Anarchism for the community to interfere with the drilling of a private army, no matter what its objects might be (though, of course, an opposing private army might be formed by men with different views). Indeed, Kropotkin instances the old volunteers in Great Britain as an example of a movement on Anarchist lines.[52] Even if a predatory army were not formed from within, it might easily come from a neighboring nation, or from races on the borderland of civilization. So long as the love of power exists, I do not see how it can be prevented from finding an outlet in oppression except by means of the organized force of the community.
The conclusion, which appears to be forced upon us, is that the Anarchist ideal of a community in which no acts are forbidden by law is not, at any rate for the present, compatible with the stability of such a world as the Anarchists desire. In order to obtain and preserve a world resembling as closely as possible that at which they aim, it will still be necessary that some acts should be forbidden by law. We may put the chief of these under three heads:
1. Theft.
2. Crimes of violence.
3. The creation of organizations intended to subvert the Anarchist regime by force.
We will briefly recapitulate what has been said already as to the necessity of these prohibitions.
1. Theft.—It is true that in an Anarchist world there will be no destitution, and therefore no thefts motivated by starvation. But such thefts are at present by no means the most considerable or the most harmful. The system of rationing, which is to be applied to luxuries, will leave many men with fewer luxuries than they might desire. It will give opportunities for peculation by those who are in control of the public stores, and it will leave the possibility of appropriating such valuable objects of art as would naturally be preserved in public museums. It may be contended that such forms of theft would be prevented by public opinion. But public opinion is not greatly operative upon an individual unless it is the opinion of his own group. A group of men combined for purposes of theft might readily defy 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 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.