What a folly, to ask of the State's authority that it should enter into an honorable fight with the individual, and, as they express themselves in the matter of freedom of the press, share sun and wind equally! If the State, this thought, is to be a de facto power, it simply must be a superior power against the individual. The State is "sacred" and must not expose itself to the "impudent attacks" of individuals. If the State is sacred, there must be censorship. The political liberals admit the former and dispute the inference. But in any case they concede repressive measures to it, for—they stick to this, that State is more than the individual and exercises a justified revenge, called punishment.
Punishment has a meaning only when it is to afford expiation for the injuring of a sacred thing. If something is sacred to any one, he certainly deserves punishment when he acts as its enemy. A man who lets a man's life continue in existence because to him it is sacred and he has a dread of touching it is simply a—religious man.
Weitling lays crime at the door of "social disorder," and lives in the expectation that under Communistic arrangements crimes will become impossible, because the temptations to them, e. g. money, fall away. As, however, his organized society is also exalted into a sacred and inviolable one, he miscalculates in that good-hearted opinion. Such as with their mouth professed allegiance to the Communistic society, but worked underhand for its ruin, would not be lacking. Besides, Weitling has to keep on with "curative means against the natural remainder of human diseases and weaknesses," and "curative means" always announce to begin with that individuals will be looked upon as "called" to a particular "salvation" and hence treated according to the requirements of this "human calling." Curative means or healing is only the reverse side of punishment, the theory of cure runs parallel with the theory of punishment; if the latter sees in an action a sin against right, the former takes it for a sin of the man against himself, as a decadence from his health. But the correct thing is that I regard it either as an action that suits me or as one that does not suit me, as hostile or friendly to me, i. e. that I treat it as my property, which I cherish or demolish. "Crime" or "disease" are not either of them an egoistic view of the matter, i. e. a judgment starting from me, but starting from another,—to wit, whether it injures right, general right, or the health partly of the individual (the sick one), partly of the generality (society). "Crime" is treated inexorably, "disease" with "loving gentleness, compassion," and the like.
Punishment follows crime. If crime falls because the sacred vanishes, punishment must not less be drawn into its fall; for it too has significance only over against something sacred. Ecclesiastical punishments have been abolished. Why? Because how one behaves toward the "holy God" is his own affair. But, as this one punishment, ecclesiastical punishment, has fallen, so all punishments must fall. As sin against the so-called God is a man's own affair, so that against every kind of the so-called sacred. According to our theories of penal law, with whose "improvement in conformity to the times" people are tormenting themselves in vain, they want to punish men for this or that "inhumanity"; and therein they make the silliness of these theories especially plain by their consistency, hanging the little thieves and letting the big ones run. For injury to property they have the house of correction, and for "violence to thought," suppression of "natural rights of man," only—representations and petitions.
The criminal code has continued existence only through the sacred, and perishes of itself if punishment is given up. Now they want to create everywhere a new penal law, without indulging in a misgiving about punishment itself. But it is exactly punishment that must make room for satisfaction, which, again, cannot aim at satisfying right or justice, but at procuring us a satisfactory outcome. If one does to us what we will not put up with, we break his power and bring our own to bear: we satisfy ourselves on him, and do not fall into the folly of wanting to satisfy right (the spook). It is not the sacred that is to defend itself against man, but man against man; as God too, you know, no longer defends himself against man, God to whom formerly (and in part, indeed, even now) all the "servants of God" offered their hands to punish the blasphemer, as they still at this very day lend their hands to the sacred. This devotion to the sacred brings it to pass also that, without lively participation of one's own, one only delivers misdoers into the hands of the police and courts: a non-participating making over to the authorities, "who, of course, will best administer sacred matters." The people is quite crazy for hounding the police on against everything that seems to it to be immoral, often only unseemly, and this popular rage for the moral protects the police institution more than the government could in any way protect it.
In crime the egoist has hitherto asserted himself and mocked at the sacred; the break with the sacred, or rather of the sacred, may become general. A revolution never returns, but a mighty, reckless, shameless, conscienceless, proud—crime, does it not rumble in distant thunders, and do you not see how the sky grows presciently silent and gloomy?
He who refuses to spend his powers for such limited societies as family, party, nation, is still always longing for a worthier society, and thinks he has found the true object of love, perhaps, in "human society" or "mankind," to sacrifice himself to which constitutes his honor; from now on he "lives for and serves mankind."
People is the name of the body, State of the spirit, of that ruling person that has hitherto suppressed me. Some have wanted to transfigure peoples and States by broadening them out to "mankind" and "general reason"; but servitude would only become still more intense with this widening, and philanthropists and humanitarians are as absolute masters as politicians and diplomats.
Modern critics inveigh against religion because it sets God, the divine, moral, etc., outside of man, or makes them something objective, in opposition to which the critics rather transfer these very subjects into man. But those critics none the less fall into the proper error of religion, to give man a "destiny," in that they too want to have him divine, human, and the like: morality, freedom and humanity, etc., are his essence. And, like religion, politics too wanted to "educate" man, to bring him to the realization of his "essence," his "destiny," to make something out of him,—to wit, a "true man," the one in the form of the "true believer," the other in that of the "true citizen or subject." In fact, it comes to the same whether one calls the destiny the divine or human.