The time, however distant, will finally arrive when science, applied for generations to the task of skilfully removing all the causes of crime, will accomplish that glorious aim. By attention to the laws of heredity, by checking the too rapid increase of population, by the moral training of every member of the community, and by well-ordered, happy, domestic, industrial and social life, the criminal nature will die out, and crime itself be simply historical—a thing to study with interest, an extirpated social disease.
PART IV
EVOLUTION OF THE EMOTIONS
We must never forget that human aspirations, human ideals, are as much a part of the phenomena which makes up this causally-connected Universe as the instincts and appetites that are common to man and the other animals.—David G. Ritchie.
CHAPTER I
THE SENTIMENTS OF INDIVIDUAL RIGHTS AND SOCIAL JUSTICE
The dawning century will have to undertake a new education of mankind if we are not to relapse.... New inventions are less needed than new ethics.—Dr. Max Nordau.
Herbert Spencer tells us that: “Free institutions can only be properly worked by men, each of whom is jealous of his own rights and sympathetically jealous of the rights of others—who will neither himself aggress on his neighbour in small things or great, nor tolerate aggression on them by others.”
The state of mind or sentiment to which Mr. Spencer here points is complex. It comprises an egoism that is not anti-social, and an altruism that is broadly social. The genesis of this sentiment is intellectual, implying a recognition in some sort of the laws of nature, by virtue of which individual rights do not conflict with nature’s harmonies or its fundamental organic unity. It is possible, therefore, only to a race comparatively advanced, i.e. intellectually endowed; but the children and children’s children of that race may possess the sentiment of individual rights as an instinct with no apprehension whatever of its source or its justification. Its alliance with, and perfect conformity to, natural law are certainly not understood, and confusion is increased in the public mind by the unscientific teaching of the daily press. Here, for instance, is a paragraph from a middle-class journal. “Law is command, control. Nature is instinctive force, and can neither give nor receive laws. There are no laws of nature, and there are no rights of man. We are using meaningless phrases when we speak of either. Man has no natural rights any more than the wolf and the bear. All rights are conventional.”
Now, before man had made a direct study of nature, and, marking the invariability of sequence in the precision of its phenomena, had attached to that invariability the term “laws of nature,” the word “law” denoted a lawgiver issuing arbitrary commands. It is in this primitive sense that our journalist uses the word “law.” He entirely ignores its appropriation by science and the modern acceptation of the term “laws of nature.” Nature has no arbitrary commands, he says, and therefore infers no laws. We admit the premise while denying the inference. The laws of health are invariable, although they do not necessarily dominate, since other and opposing laws of disorganization may at any moment get the upper hand. Man is competent to disregard the laws of life; but if he so acts, another course of natural order is initiated, and he becomes subject to pathological laws which conduct him steadily to the grave. Necessity without arbitrary command rules in the cosmos; and if happiness, which all humanity desires, is attained, it will be by conforming to all the laws of nature that favour that end. Within, there are the laws of human organization, without, the laws of circumstance or environment. The humanity that has intellect and scientific knowledge may, by union and co-operation, take a firm advantage of these laws or uniformities of nature and march steadily forward, controlling the forces of nature by a willing obedience to natural law.
No sooner, observe, does this control become possible than natural rights come into existence. Man rises in the scale of being to a sphere of self-direction and comparative liberty. The wolf and bear and all wild animals are on the lower level, and have no natural rights. They are controlled by forces external to themselves, and the struggle for existence and survival of the fittest is the law of destiny to them. It is not so, however, with the horse, dog, cat, etc., for man has lifted all domesticated animals from under the rule of genetic forces, and placed them under the rule of reasoned forces. He controls their breeding, limits their numbers, and gives them a happy life consistent with his own. Further, he claims for them and concedes to them natural rights; and note this point, the last phrase of our journalist’s misleading paragraph is strictly true: “All rights are conventional.” Convention means by tacit agreement, and it is by tacit agreement on the part of civilized men that rights of men and rights of animals exist and are respected. An impulse of the higher life, viz., a law of sympathy, impels civilized man to seek happiness for other beings as well as himself, and intelligence shows him that individual happiness promotes general happiness, and further that no individual happiness is possible without a certain amount of personal liberty.
Individual rights, then, are a claim for a certain amount of personal liberty, and the sentiment of individual rights is an unconscious inward preparedness to defend that claim. It lies at the very foundation of modern ethics, since from it there springs the outward equipoise of egoistic and altruistic forces, the inward, subtle, delicate sense of equitable relations, in other words, justice—the moral backbone of the modern conscience.