When Jack Cade, whom the Socialists praise as a social reformer, marched at the head of the insurrectionists into London, one of his first acts was to burn the stored-up documents of the law, an act which Shakespeare immortalised in his "Henry VI." in the following words:
"Cade: Is not this a lamentable thing, that of the skin of an innocent lamb should be made parchment? that parchment, being scribbled o'er, should undo a man?... Away, burn all the records of the realm: my mouth shall be the parliament of England.
"John (aside): Then we are like to have biting statutes, unless his teeth be pulled out.
"Cade: And henceforward all things shall be in common."[880]
Socialism will abolish the law: "The great act of confiscation will be the seal of the new era; then, and not till then, will the knell of Civilisation, with its rights of property and its class-society, be sounded; then, and not till then, will justice—the justice not of Civilisation but of Socialism—become the corner-stone of the social arch."[881] Therefore one of the first acts of Socialist government will be "the abrogation of 'civil law,' especially that largest department of it which is concerned with the enforcement of contract and me recovery of debt."[882]
Socialists never tire of denouncing the barbarity of the existing law. According to their religious views given in Chapter XXVI. (see p. 360), man is an irresponsible being. He does not know the difference between right and wrong, between good and evil. Therefore it is according to their opinion unjust and cruel to punish criminals. "The Christian regards the hooligan, the thief, the wanton, and the drunkard as men and women who have done wrong. But the humanist regards them as men and women who have been wronged."[883] "Human law, like divine law, is based upon the false idea that men know what is right and what is wrong, and have power to choose the right."[884] "Man becomes that which he is by the action of forces outside himself."[885] "All human actions are ruled by heredity and environment. Man is not responsible for his heredity and environment. Therefore all blame and all punishment are unjust. Blame and punishment, besides being unjust, are ineffectual."[886]
"To the Socialist, for every crime committed the State, or the society in which it is committed, is as much or more responsible than the individual."[887] "A society that employs the gallows and the 'cat' pretty much deserves all it gets at the hands of criminals. If the criminal, when he gets the chance of doing so with impunity, commits the crime for which the gallows or the lash is reserved, society has only itself to thank."[888]
From the foregoing considerations it logically follows that "a Socialist administration would treat delinquents with the utmost leniency consistent with the existence of society."[889] "A man of average sense ought to be able to protect himself against fraud. Theft only requires the restitution of the stolen property plus an addition, such as the Roman law provided. The ideal condition of a community is that the remorse following the commission of a crime should be an adequate preventive of its commission"[890]—By its attitude towards crime, Socialism should secure for itself the enthusiastic support of the criminal classes. By abrogating the enforcement of contract and the recovery of debt, it should secure for itself the equally enthusiastic support of all fraudulent debtors. Conspirators and revolutionaries since the time of Catiline have opened the gaols and have relied on criminal desperadoes for the realisation of their ambitions. It is worth noting that most Anarchists also recommend the abolition of law and the law courts.[891]
Until the ideal Socialist commonwealth has been firmly established, and "until the economic change has worked itself out in ethical change, it is clear that a criminal law must exist. The only question is whether its basis shall be a mass of anomalous statutes and precedents or a logical system."[892] Bax decides that the logical system and the Code Napoléon is to be introduced after the Socialist revolution.[893] The fact that the people do not know the French laws apparently does not matter.
Many Socialists complain that British laws, and American laws too, are not collected and codified. Hence the citizen does not, and cannot, know the law. "What is called 'the law' is something that no lawyer can learn in a lifetime, both on account of the bulk of the Reports, and because he never can be absolutely certain what is good and what is bad law. The profession chooses rather than ascertains the law."[894] Owing to lack of a code of laws, the law is uncertain and exceedingly costly. Hence the poor man can obtain justice only with difficulty, if at all. Besides, "The fear of litigation is a weapon society places in the hands of the rich man to coerce the poor man, irrespective of the merits of the case, by dangling ruin before him."[895] There is much justification for these complaints.