744.
Ah! and the philosophy of jurisprudence! That is a science which, like all moral sciences, has not even been wrapped in swaddling-clothes yet. Even among jurists who consider themselves liberal, the oldest and most valuable significance of punishment is still misunderstood—it is not even known. So long as jurisprudence does not build upon a new foundation—on history and comparative anthropology—it will never cease to quarrel over the fundamentally false abstractions which are fondly imagined to be the "philosophy of law," and which have nothing whatever to do with modern man. The man of to-day, however, is such a complicated woof even in regard to his legal valuation that he allows of the most varied interpretation.
745.
An old Chinese sage once said he had heard that when mighty empires were doomed they began to have numberless laws.
746.
Schopenhauer would have all rapscallions castrated, and all geese shut up in convents. But from what point of view would this be desirable? The rascal has at least this advantage over other men—that he is not mediocre; and the fool is superior to us inasmuch as he does not suffer at the sight of mediocrity. It would be better to widen the gulf—that is to say, roguery and stupidity should be increased. In this way human nature would become broader ... but, after all, this is Fate, and it will happen, whether we desire it or not. Idiocy and roguery are increasing: this is part of modern progress.
747.
Society, to-day, is full of consideration, tact, and reticence, and of good-natured respect for other people's rights—even for the exactions of strangers. To an even greater degree is there a certain charitable and instinctive depreciation of the worth of man as shown by all manner of trustful habits. Respect for men, and not only for the most virtuous, is perhaps the real parting of the ways between us and the Christian mythologists also have our good share of irony even when listening to moral sermons. He who preaches morality to us debases himself in our eyes and becomes almost comical. Liberal-mindedness regarding morality is one of the best signs of our age. In cases where it is most distinctly wanting, we regard it as a sign of a morbid condition (the case of Carlyle in England, of Ibsen in Norway, and Schopenhauer's pessimism throughout Europe). If there is anything which can reconcile us to our own age, it is precisely the amount of immorality which it allows itself without falling in its own estimation—very much the reverse! In what, then, does the superiority of culture over the want of culture consist—of the Renaissance, for instance, over the Middle Ages? In this alone: the greater quantity of acknowledged immorality. From this it necessarily follows that the very zenith of human development must be regarded by the moral fanatic as the non plus ultra of corruption (in this connection let us recall Savonarola's judgment of Florence, Plato's indictment of Athens under Pericles, Luther's condemnation of Rome, Rousseau's anathemas against the society of Voltaire, and Germany's hostility to Goethe).
A little more fresh air, for Heaven's sake! This ridiculous condition of Europe must not last any longer. Is there a single idea behind this bovine nationalism? What possible value can there be in encouraging this arrogant self-conceit when everything to-day points to greater and more common interests?—at a moment when the spiritual dependence and denationalisation, which are obvious to all, are paving the way for the reciprocal rapprochements and fertilisations which make up the real value and sense of present-day culture! ... And it is precisely now that "the new German Empire" has been founded upon the most thread-bare and discredited of ideas—universal suffrage and equal right for all.
Think of all this struggling for advantage among conditions which are in every way degenerate: of this culture of big cities, of newspapers, of hurry and scurry, and of "aimlessness"! The economic unity of Europe must necessarily come—and with it, as a reaction, the pacivist movement.