3. A thing is essentially evil, when there is no possible use of it which is not an abuse. Not far different is the conception of a thing positively evil, evil, that is, not by reason of any deficiency, or by what it is not, but evil by what it is in itself. Such an essential, positive evil in human nature would vengeance be, a natural thing for which there was no natural use, unless punishment may in some measure be retributive. We cannot admit such a flaw in nature. All healthy philosophy goes on the principle, that what is natural is so far forth good. Otherwise we lapse into Manicheism, pessimism, scepticism, abysses beyond the reach of argument. Vengeance undoubtedly prompts to many crimes, but so does the passion of love. Both are natural impulses. It would scarcely be an exaggeration to set down one third of human transgressions to love, and another third to revenge: yet it is the abuse in each case, not the use, that leads to sin. If the matrimonial union were wicked and detestable, as the Manicheans taught, then would the passion of love be an abomination connatural to man. Such another enormity would be the affection of vengeance, if punishment could never rightly be retributive.
4. Aristotle, Rhetoric, I., x., 17, distinguishes two functions of punishment thus: "Chastisement is for the benefit of him that suffers it, but vengeance is for him that wreaks it, that he may have satisfaction." Add to this the warning given to the commonwealth by the example that is made of the offender, and we have the three functions of punishment, medicinal, deterrent, and retributive. As it is medicinal, it serves the offender: as it is deterrent, it serves the commonwealth: as it is retributive, it serves the offended party, being a reparation offered to him. Now, who is the offended party in any evil deed? So far as it is a sin against justice, an infringement of any man's right, he is the offended party. He is offended, however, not simply and precisely by your violation of the moral law, but by your having, in violation of that law, taken away something that belonged to him. Consequently, when you make restitution and give him back what you took away, with compensation for the temporal deprival of it, he is satisfied, and the offence against him is repaired. If you have maliciously burnt his house down, you bring him the price of the house and furniture, together with further payment for the fright and for the inconvenience of being, for the present, houseless. You may do all that, and yet the moral guilt of the conflagration may remain upon your soul. But that is no affair of his: he is not the custodian of the moral law: he is not offended by your sin, formally viewed as sin: nor has he any function of punishing you, taking vengeance upon you, or exacting from you retribution for that. But what if his wife and children have perished, and you meant them so to perish, in the fire? Your debt of restitution still lies in the matter which you took away. Of course it is a debt that cannot be paid. You cannot give back his "pretty chickens and their dam" whole and alive again. Still your inability to pay one debt does not make you liable to that creditor for another debt, which is part of a wholly different account. He is not offended by, nor are you answerable to him for, your sin in this case any more than in the former.
5. We may do an injury to an individual, commit a crime against the State, and sin against God. The injury to the individual is repaired by restitution, not by punishment, and therefore not by vengeance, which is a function of punishment. There is no such thing as vengeance for a private wrong, and therefore we have the precept to forgive our enemies, and not to avenge ourselves, in which phrase the emphasis falls on the word ourselves. The clear idea and strong desire of vengeance, which nature affords, shows that there is such a thing as vengeance to be taken by some one: it does not warrant every form of vengeance, or allow it to be taken by each man for himself. It consecrates the principle of retribution, not every application of the principle. It is a point of synderesis, not of particular conduct. The reader should recall what was said of the vengeance of Hannibal at Himera. (c. viii., s. ii., p. 144.)
6. It belongs to the State to punish political sin, or crime, and to God to punish theological sin, which is sin properly so called, a breach of the Eternal Law. The man who has burnt his neighbour's house down, though he has compensated the individual owner, may yet be punished by the State. The owner, acting in his capacity as citizen, even when he has been compensated as an individual, may still hand him over to the State for punishment. The arson was a violation, not only of commutative, but of legal justice (c. v., s. ix., nn. 3, 6, pp. 103, 106), a disturbance of the public peace and social order, an outrage upon the majesty of the law. For this he may be punished by the State, which is the guardian of all these things, and which has jurisdiction over him to make laws for him, and to enforce their sanction against him. Civil punishment, besides being deterrent, is retributive for the breach of social order. It is the vengeance of the commonwealth upon the disturber of the public peace. Whether the State can punish on pure grounds of retribution, away from all hope or need of deterring possible imitators of the crime, is a question irrelevant to our present enquiry. Probably a negative answer should be returned.
7. We come now to the punishment of sin by God, the Living Reasonableness, the Head of the Commonwealth of Creation, the Legislator of the Eternal Law, the Fountain of all Jurisdiction, Him in whose hands rests the plenitude of the power to punish. An evil deed may be no wrong to any individual man, no crime against the State, but it must ever be an offence against God. It is a departure from the order of man's progress as a reasonable being (c. v., s. iii., n. 3, p. 74: c. vi., s. i., nn. 1-5, p. 109), which is founded on the nature of God Himself (c. vi., s. i., n. 7, p. 113), of which order God is the official guardian (c. vi., s. ii., nn. 8-10, p. 119), and which is enjoined by God's Eternal Law. (c. vii., n. 3, p. 129.) This law extends to all creation, rational and irrational, animate and inanimate. It bids every creature work according to his or its own nature and circumstances. Given to irrational beings, the law is simply irresistible and unfailing: such are the physical laws of nature, so many various emanations of the one Eternal Law. Given to rational creatures, the law may be resisted and broken: sin is the one thing in the universe that does break it. (c. vii., nn. 5-7, p. 130.) A man may act in disregard of the Eternal Law on one or other of its physical sides, and so much the worse for him, though he has not broken the law, but merely ignored its operation, as when one eats what is unwholesome. Much more shall he suffer for having broken the law, in the only possible way that it can be broken, by sin. This peculiar violation draws after it a peculiar consequence of suffering, penal and retributive. If a man gets typhoid fever in his house, we sometimes say it is a punishment on him for neglecting his drains, even when the neglect was a mere piece of ignorance or inadvertence. It is an evil consequence certainly,—the law, which he thought not of, working itself out in the form of disease. But it is not properly punishment: no natural law has been really broken: there has been no guilt, and the suffering is not retributive and compensatory. It does not go to restore the balance of the neglect. It is a lamentable consequence, not a repayment. As, when man wrongs his fellow-man, he makes with him an involuntary contract (c. v., s. ix., n. 6, p. 106), to restore what he takes away: so in sinning against God, man makes another involuntary contract, to pay back in suffering against his will what he unduly takes in doing his own will against the will of the Legislator. As St. Augustine says of Judas (Serm. 125, n. 5): "He did what he liked, but he suffered what he liked not. In his doing what he liked, his sin is found: in his suffering what he liked not, God's ordinance is praised." Thus it is impossible for the Eternal Law, which bears down all so irresistibly in irrational nature, finally to fail of its effect even upon the most headstrong and contumacious of rational creatures; but, as St. Thomas says (1a 2æ, q. 93, art. 6, in corp.), "The defect of doing is made up by suffering, inasmuch as they suffer what the Eternal Law prescribes for them to the extent to which they fail to do what accords with the Eternal Law." And St. Anselm (Cur Deus homo, nn. 14, 15): "God cannot possibly lose His honour: for either the sinner spontaneously pays what he owes, or God exacts it of him against his will. Thus if a man chooses to fly from under the will of God commanding, he falls under the same will punishing." Punishment is called by Hegel, "the other half of sin." Lastly, they are God's own spoken words (Deut. xxxii. 35): "Vengeance is Mine, I will repay."
Readings.—St. Thos., Cont. Gent., iii. 140, n. 5, Amplius; ib., iii., 144, nn. 8, Per hoc, and 9, Est autem.
For Plato's views on punishment see Protag. 324 A, B; Gorgias, 525; Rep. 380 B, 615; Phaedo, 113 E; Laws, 854 D; 862 D, E; 934 A; 957 E. Plato recognizes only the medicinal and the deterrent functions of punishment, and ignores the retributive. This is not to be wondered at in one who wrote: "No one is wicked voluntarily; but it is an evil habit of body and a faulty education that is the cause of every case of wickedness" (Timaeus, 86 E; cf. Laws, 731 C, D), which error receives a masterly confutation in Aristotle, Ethics, III, v.
CHAPTER X.
OF UTILITARIANISM.
1. Though the name utilitarian is an English growth of this century, the philosophy so called probably takes its origin from the days when man first began to speculate on moral matters. Bentham and the two Mills, Austin, and George Grote, have repeated in England the substance of what Protagoras and Epicurus taught in Greece, two thousand years before. It is the system of Ethics to which all must incline, who ignore the spiritual side of man's nature and his hopes of a better world. It is a morality of the earth, earthy.