"To make them not do it again, then."
"But they do do it again—and worse."
"To prevent other people's doing it, then."
"But it does not prevent them—the crime keeps on. What good is your punishment?"
What indeed!
What is the application of punishment to crime? Its base, its prehistoric base, is simple retaliation; and this is by no means wholly male, let us freely admit. The instinct of resistance, of opposition, of retaliation, lies deeper than life itself. Its underlying law is the law of physics—action and reaction are equal. Life's expression of this law is perfectly natural, but not always profitable. Hit your hand on a stone wall, and the stone wall hits your hand. Very good; you learn that stone walls are hard, and govern yourself accordingly.
Conscious young humanity observed and philosophized, congratulating itself on its discernment. "A man hits me—I hit the man a little harder—then he won't do it again." Unfortunately he did do it again—a little harder still. The effort to hit harder carried on the action and reaction till society, hitting hardest of all, set up a system of legal punishment, of unlimited severity. It imprisoned, it mutilated, it tortured, it killed; it destroyed whole families, and razed contumelious cities to the ground.
Therefore all crime ceased, of course? No? But crime was mitigated, surely! Perhaps. This we have proven at last; that crime does not decrease in proportion to the severest punishment. Little by little we have ceased to raze the cities, to wipe out the families, to cut off the ears, to torture; and our imprisonment is changing from slow death and insanity to a form of attempted improvement.
But punishment as a principle remains in good standing, and is still the main reliance where it does the most harm—in the rearing of children. "Spare the rod and spoil the child" remains in belief, unmodified by the millions of children spoiled by the unspared rod.
The breeders of racehorses have learned better, but not the breeders of children. Our trouble is simply the lack of intelligence. We face the babyish error and the hideous crime in exactly the same attitude.