(c) As manifested in society’s treatment of its unfortunate and delinquent members
The record of society’s treatment of its dependent and erring members forms another inspiring chapter in the history of the growth of the new social conscience. In a little over one hundred years the Christian world has advanced from harsh vagrant laws to associated charities; from the burning of witches to asylums for the insane; from noisome dungeons to penitentiaries and institutions of rescue and correction.[759] The numerous and costly private and public institutions established and maintained by the new humanitarian sentiment is one of the most distinctive characteristics, ethically viewed, of modern civilization. So multiform are the expressions of this new spirit that it is impossible in so brief a survey as the present to exhibit in more than barest outline this phase of the ethical evolution.
The recent history of charity, taken in the sense of relief given to the poor, is a record of change both in motive and method. There has always been a great deal of almsgiving in the world, since this has been a duty especially enjoined by religion. But because charity has had this religious motive, it has often been sullied by self-love, alms being given not so much for the sake of the poor as for the benefit of the soul of the donor. In recent times this religious motive has become less operative, but the amount of almsgiving has undoubtedly increased, and we are justified in the conclusion that it is motived as never before by genuine altruistic feeling. It is probably true, however, that there is less indiscriminate, emotional almsgiving now than formerly. But there is greater “social compunction,” a deeper sense of society’s responsibility for the existence of poverty, and an earnest inquiry respecting the primary social causes of it. Hence effort is directed not merely to the immediate relief of want and misery through organized charity, but to the cure of poverty through the removal of the causes of destitution. At this point the investigations and labors of the philanthropist merge with those of the sociologist, the economist, and the statesman.
In society’s treatment of the defective and the insane, as compared with its treatment of these same classes scarcely more than a century ago, is registered an ethical progress truly remarkable. A hundred years or less ago in England and in all the European countries the idiot and the oddly formed human prodigy were exhibited to afford amusement to the people. The growth in humanitarian feeling has rendered all this a thing of the past. “The passing of the freak is not a casual incident in the history of the circus, but a striking illustration of the tendency which has been in progress for centuries toward the humanizing of our amusements.... To spend a merry afternoon at the madhouse watching the antics of the maniacs in their chains seemed natural and reasonable to civilized Englishmen not so many generations ago. It has become absolutely unthinkable.”[760] The history of the stage offers like testimony. “Not so very long ago,” writes David Belasco, in giving advice to the amateur playwright, “the entrance of a cripple or a hunchback was sufficient to get a laugh from the audience. In these humanitarian times there is no fun to be made out of physical deformity.”[761]
But it is in society’s treatment of the criminal class that there is to be traced the greatest progress in humanitarianism. In the pre-Norman period in England the punishments for crime were characterized by a barbarity incredibly callous. “Men branded on the forehead, without hands, without feet, without tongues, lived as an example of the danger which attended the commission of petty crimes, and as a warning to all who had the misfortune of holding no higher position than that of a churl.... The eyes were plucked out; the nose, the ears, and the upper lips were cut off; the scalp was torn away; and sometimes even, there is reason to believe, the whole body was flayed alive.”[762]
What was true of English law was true of the laws of every other European country. And there was little or no essential amelioration of these savage law systems before the last quarter of the eighteenth century. Seventy thousand executions took place in England during the reign of Henry VIII.[763] “In the reign of William III there does not appear to have been any consciousness that the penal laws were, in many respects, disgraceful to any community but a tribe of savages.”[764]
If a definite point of departure of the movement for the humanizing of the criminal laws of Europe and the putting of the treatment of criminals on an ethical basis be sought, it will be found in the life and writings of the Italian jurist Beccaria,[765] who maintained that the effect of cruel punishments is to increase crime by indurating the sensibilities of the people.[766]
A great impulse to the humanitarian movement initiated by Beccaria was given by the devoted labors of the great philanthropist John Howard (1726–1790), who, with his eyes opened to the awful conditions of prison life through official connection with Bedford jail, where Bunyan dreamed, spent his life in visiting all lands inspecting prisons and jails and dungeons and lazar houses, and “taking the gauge and dimension of misery, depression, and contempt.”
The crusade of John Howard marks the real beginning of practical prison reform, which has “transformed prisons from hells into hospitals for recovery,” and revolutionized the entire theory and administration of judicial punishment.[767] The aim and purpose of the modern penitentiary system is to develop self-respect and manhood.[768] To this end the lock-step and striped clothing have been abolished in many prisons, and along with them all cruel and humiliating punishments. The establishment of reform schools, reformatories, and penitentiaries, the introduction of the indeterminate sentence, the proposed creation of courts of rehabilitation, and the founding of the juvenile court,[769] mark the ethical advance which the last century has witnessed in this domain.[770]