Question. As a lawyer, will you express an opinion as to the moral and legal responsibility of a victim of alcoholism?
Answer. Personally, I regard the moral and legal responsibility of all persons as being exactly the same. All persons do as they must. If you wish to change the conduct of an individual you must change his conditions—otherwise his actions will remain the same.
We are beginning to find that there is no effect without a cause, and that the conduct of individuals is not an exception to this law. Every hope, every fear, every dream, every virtue, every crime, has behind it an efficient cause. Men do neither right nor wrong by chance. In the world of fact and in the world of conduct, as well as in the world of imagination, there is no room, no place, for chance.
Question. In the case of an inebriate who has committed a crime, what do you think of the common judicial opinion that such a criminal is as deserving of punishment as a person not inebriated?
Answer. I see no difference. Believing as I do that all persons act as they must, it makes not the slightest difference whether the person so acting is what we call inebriated, or sane, or insane —he acts as he must.
There should be no such thing as punishment. Society should protect itself by such means as intelligence and humanity may suggest, but the idea of punishment is barbarous. No man ever was, no man ever will be, made better by punishment. Society should have two objects in view: First, the defence of itself, and second, the reformation of the so-called criminal.
The world has gone on fining, imprisoning, torturing and killing the victims of condition and circumstance, and condition and circumstance have gone on producing the same kind of men and women year after year and century after century—and all this is so completely within the control of cause and effect, within the scope and jurisdiction of universal law, that we can prophesy the number of criminals for the next year—the thieves and robbers and murderers —with almost absolute certainty.
There are just so many mistakes committed every year—so many crimes —so many heartless and foolish things done—and it does not seem to be—at least by the present methods—possible to increase or decrease the number.
We have thousands and thousands of pulpits, and thousands of moralists, and countless talkers and advisers, but all these sermons, and all the advice, and all the talk, seem utterly powerless in the presence of cause and effect. Mothers may pray, wives may weep, children may starve, but the great procession moves on.
For thousands of years the world endeavored to save itself from disease by ceremonies, by genuflections, by prayers, by an appeal to the charity and mercy of heaven—but the diseases flourished and the graveyards became populous, and all the ceremonies and all the prayers were without the slightest effect. We must at last recognize the fact, that not only life, but conduct, has a physical basis. We must at last recognize the fact that virtue and vice, genius and stupidity, are born of certain conditions.