19.
Immoralists.—Moralists must now put up with being rated as immoralists, because they dissect morals. He, however, who would dissect must kill, but only in order that we may know more, judge better, live better, not in order that all the world may dissect. Unfortunately, men still think that every moralist in his every action must be a pattern for others to imitate. They confound him with the preacher of morality. The older moralists did not dissect enough and preached too often, whence that confusion and the unpleasant consequences for our latter-day moralists are derived.
20.
A Caution against Confusion.—There are moralists who treat the strong, noble, self-denying attitude of such beings as the heroes of Plutarch, or the pure, enlightened, warmth-giving state of soul peculiar to truly good men and women, as difficult scientific problems. They investigate the origin of such phenomena, indicating the complex element in the apparent simplicity, and directing their gaze to the tangled skein of motives, the delicate web of conceptual illusions, and the sentiments of individuals or of groups, that are a legacy of ancient [pg 200] days gradually increased. Such moralists are very different from those with whom they are most commonly confounded, from those petty minds that do not believe at all in these modes of thought and states of soul, and imagine their own poverty to be hidden somewhere behind the glamour of greatness and purity. The moralists say, “Here are problems,” and these pitiable creatures say, “Here are impostors and deceptions.” Thus the latter deny the existence of the very things which the former are at pains to explain.
21.
Man as the Measurer.—Perhaps all human morality had its origin in the tremendous excitement that seized primitive man when he discovered measure and measuring, scales and weighing (for the word Mensch [man] means “the measurer”—he wished to name himself after his greatest discovery!). With these ideas they mounted into regions that are quite beyond all measuring and weighing, but did not appear to be so in the beginning.
22.
The Principle of Equilibrium.—The robber and the man of power who promises to protect a community from robbers are perhaps at bottom beings of the same mould, save that the latter attains his ends by other means than the former—that is to say, through regular imposts paid to him by the community, and no longer through forced contributions. (The same relation exists between [pg 201] merchant and pirate, who for a long period are one and the same person: where the one function appears to them inadvisable, they exercise the other. Even to-day mercantile morality is really nothing but a refinement on piratical morality—buying in the cheapest market, at prime cost if possible, and selling in the dearest.) The essential point is that the man of power promises to maintain the equilibrium against the robber, and herein the weak find a possibility of living. For either they must group themselves into an equivalent power, or they must subject themselves to some one of equivalent power (i.e. render service in return for his efforts). The latter course is generally preferred, because it really keeps two dangerous beings in check—the robber through the man of power, and the man of power through the standpoint of advantage; for the latter profits by treating his subjects with graciousness and tolerance, in order that they may support not only themselves but their ruler. As a matter of fact, conditions may still be hard and cruel enough, yet in comparison with the complete annihilation that was formerly always a possibility, men breathe freely.—The community is at first the organisation of the weak to counterbalance menacing forces. An organisation to outweigh those forces would be more advisable, if its members grew strong enough to destroy the adverse power: and when it is a question of one mighty oppressor, the attempt will certainly be made. But if the one man is the head of a clan, or if he has a large following, a rapid and decisive annihilation is improbable, and a long or permanent feud is only to be expected. This feud, [pg 202] however, involves the least desirable condition for the community, for it thereby loses the time to provide for its means of subsistence with the necessary regularity, and sees the product of all work hourly threatened. Hence the community prefers to raise its power of attack and defence to the exact plane on which the power of its dangerous neighbour stands, and to give him to understand that an equal weight now lies in its own side of the scales—so why not be good friends?—Thus equilibrium is a most important conception for the understanding of the ancient doctrines of law and morals. Equilibrium is, in fact, the basis of justice. When justice in ruder ages says, “An eye for an eye, a tooth for a tooth,” it presupposes the attainment of this equilibrium and tries to maintain it by means of this compensation; so that, when crime is committed, the injured party will not take the revenge of blind anger. By means of the jus talionis the equilibrium of the disturbed relations of power is restored, for in such primitive times an eye or an arm more means a bit more power, more weight.—In a community where all consider themselves equal, disgrace and punishment await crime—that is, violations of the principle of equilibrium. Disgrace is thrown into the scale as a counter-weight against the encroaching individual, who has gained profit by his encroachment, and now suffers losses (through disgrace) which annul and outweigh the previous profits. Punishment, in the same way, sets up a far greater counter-weight against the preponderance which every criminal hopes to obtain—imprisonment as against a deed of violence, restitution [pg 203] and fines as against theft. Thus the sinner is reminded that his action has excluded him from the community and from its moral advantages, since the community treats him as an inferior, a weaker brother, an outsider. For this reason punishment is not merely retaliation, but has something more, something of the cruelty of the state of nature, and of this it would serve as a reminder.
23.
Whether the Adherents of the Doctrine of Free Will have a Right to Punish?—Men whose vocation it is to judge and punish try to establish in every case whether an evil-doer is really responsible for his act, whether he was able to apply his reasoning powers, whether he acted with motives and not unconsciously or under constraint. If he is punished, it is because he preferred the worse to the better motives, which he must consequently have known. Where this knowledge is wanting, man is, according to the prevailing view, not responsible—unless his ignorance, e.g. his ignorantia legis, be the consequence of an intentional neglect to learn what he ought: in that case he already preferred the worse to the better motives at the time when he refused to learn, and must now pay the penalty of his unwise choice. If, on the other hand, perhaps through stupidity or shortsightedness, he has never seen the better motives, he is generally not punished, for people say that he made a wrong choice, he acted like a brute beast. The intentional rejection of the better reason is now needed before we [pg 204] treat the offender as fit to be punished. But how can any one be intentionally more unreasonable than he ought to be? Whence comes the decision, if the scales are loaded with good and bad motives? So the origin is not error or blindness, not an internal or external constraint? (It should furthermore be remembered that every so-called “external constraint” is nothing more than the internal constraint of fear and pain.) Whence? is the repeated question. So reason is not to be the cause of action, because reason cannot decide against the better motives? Thus we call “free will” to our aid. Absolute discretion is to decide, and a moment is to intervene when no motive exercises an influence, when the deed is done as a miracle, resulting from nothing. This assumed discretion is punished in a case where no discretion should rule. Reason, which knows law, prohibition, and command, should have left no choice, they say, and should have acted as a constraint and a higher power. Hence the offender is punished because he makes use of “free will”—in other words, has acted without motive where he should have been guided by motives. But why did he do it? This question must not even be asked; the deed was done without a “Why?” without motive, without origin, being a thing purposeless, unreasoned.—However, according to the above-named preliminary condition of punishability, such a deed should not be punished at all! Moreover, even this reason for punishing should not hold good, that in this case something had not been done, had been omitted, that reason had not been used at all: for at any rate the omission was unintentional, [pg 205] and only intentional omission is considered punishable. The offender has indeed preferred the worse to the better motives, but without motive and purpose: he has indeed failed to apply his reason, but not exactly with the object of not applying it. The very assumption made in the case of punishable crime, that the criminal intentionally renounced his reason, is removed by the hypothesis of “free will.” According to your own principles, you must not punish, you adherents of the doctrine of free will!—These principles are, however, nothing but a very marvellous conceptual mythology, and the hen that hatched them has brooded on her eggs far away from all reality.