Indignation equally supposes in him who is the object of it an other character still, to wit, that he is free,—that he could do or not do what he has done. It is evident that the agent must be free in order to be responsible.
You desire that the murderer may be arrested and delivered up to justice, you desire that he may be punished; when he has been arrested, delivered up to justice, and punished, you are satisfied. What does that mean? Is it a capricious movement of the imagination and heart? No. Calm or indignant, at the moment of the crime or a long time after, without any spirit of personal vengeance, since you are not the least interested in this affair, you none the less declare that the murderer ought to be punished. If, instead of receiving a punishment, the culpable man makes his crime a stepping-stone to fortune, you still declare that, far from deserving prosperity, he deserves to suffer in reparation of his fault; you protest against lot, and appeal to a superior justice. This judgment philosophers have called the judgment of merit and demerit. I suppose, in the mind of man, the idea of a supreme law that attaches happiness to virtue, unhappiness to crime. Omit the idea of this law, and the judgment of merit and demerit is without foundation. Omit this judgment, and indignation against prosperous crime and the neglect of virtue is an unintelligible, even an impossible sentiment, and never, at the sight of crime, would you think of demanding the chastisement of a criminal.
All the parts of the moral phenomenon are connected together; all are equally certain parts,—destroy one, and you completely overturn the whole phenomenon. The most common observation bears witness to all these facts, and the least subtle logic easily discovers their connection. It is necessary to renounce even sentiment, or it must be avowed that sentiment covers a judgment, the judgment of the essential distinction between good and evil, that this distinction involves an obligation, that this obligation is applied to an intelligent and free agent; in fine, it must be observed that the distinction between merit and demerit, that corresponds to the distinction between good and evil, contains the principle of the natural harmony between virtue and happiness.
What have we done thus far? We have done as the physicist or chemist does, who submits a composite body to analysis and reduces it to its simple elements. The only difference here is that the phenomenon to which our analysis is applied is in us, instead of being out of us. Besides, the processes employed are exactly the same; there is in them neither system nor hypothesis; there are only experience and the most immediate induction.
In order to render experience more certain, we may vary it. Instead of examining what takes place in us when we are spectators of bad or good actions in another, let us interrogate our own consciousness when we are doing well or ill. In this case, the different elements of the moral phenomenon are still more striking, and their order appears more distinctly.
Suppose that a dying friend has confided to me a more or less important deposit, charging me to remit it after his death to a person whom he has designated to me alone, and who himself knows not what has been done in his favor. He who confided to me the deposit dies, and carries with him his secret; he for whom the deposit has been made to me has no knowledge of it; if, then, I wish to appropriate this deposit to myself, no one will ever be able to suspect me. In this case what should I do? It is difficult to imagine circumstances more favorable for crime. If I consult only interest, I ought not to hesitate to return the deposit. If I hesitate, in the system of interest, I am senseless, and I revolt against the law of my nature. Doubt alone, in the impunity that is assured me, would betray in me a principle different from interest.
But naturally I do not doubt, I believe with the most entire certainty, that the deposit confided to me does not belong to me, that it has been confided to me to be remitted to another, and that to this other it belongs. Take away interest, and I should not even think of returning this deposit,—it is interest alone that tempts me. It tempts me, it does not bear me away without resistance. Hence the struggle between interest and duty,—a struggle filled with troubles, opposite resolutions, by turns taken and abandoned; it energetically attests the presence of a principle of action different from interest and quite as powerful.
Duty succumbs, interest triumphs over it. I retain the deposit that has been confided to me, and apply it to my own wants, and to the wants of my family; it makes me rich, and in appearance happy; but I internally suffer with that bitter and secret suffering that is called remorse.[217] The fact is certain; it has been a thousand times described; all languages contain the word, and there is no one who, in some degree, has not experienced the thing, that sharp gnawing at the heart which is caused by every fault, great or small, as long as it has not been expiated. This painful recollection follows me in the midst of pleasures and prosperity. The applauses of the crowd are not able to silence this inexorable witness. Only a long habit of sin and crime, an accumulation of oft-repeated faults, can compass this sentiment, at once avenging and expiatory. When it is stifled, every resource is lost, and an end is made of the soul's life; as long as it endures, the sacred fire is not wholly extinguished.
Remorse is a suffering of a particular character. In remorse I do not suffer on account of such an impression made upon my senses, nor on account of the thwarting of my natural passions, nor on account of the injury done or threatened to my interest, nor by the disquietude of my hopes and the agony of my fears: no, I suffer without any external cause, yet I suffer in the most cruel manner. I suffer for the sole reason that I have a consciousness of having committed a bad action which I knew I was obligated not to commit, which I was able not to commit, which leaves behind it a chastisement that I know to be deserved. No exact analysis can take away from remorse, without destroying it, a single one of these elements. Remorse contains the idea of good and evil, of an obligatory law, of liberty, of merit and demerit. All these ideas were already in the struggle between good and evil; they reappear in remorse. In vain interest counselled me to appropriate the deposit that had been confided to me; something said to me, and still says to me, that to appropriate it is to do evil, is to commit an injustice; I judged, and judge, thus, not such a day, but always, not under such a circumstance, but under all circumstances. In vain I say to myself that the person to whom I ought to remit this deposit has no need of it, and that it is necessary to me; I judge that a deposit must be respected without regard to persons, and the obligation that is imposed on me appears inviolable and absolute. Having taken upon myself this obligation, I believe by this fact alone that I have the power to fulfil it: this is not all; I am directly conscious of this power, I know with the most certain knowledge that I am able to keep this deposit or to remit it to the lawful owner; and it is precisely because I am conscious of this power that I judge that I have deserved punishment for not having made the use of it for which it was given me. It is, in fine, because I have a lively consciousness of all that, that I experience this sentiment of indignation against myself, this suffering of remorse which expresses in itself the moral phenomenon entire.
According to the rules of the experimental method, let us take an opposite course; let us suppose that, in spite of the suggestions of interest, in spite of the pressing goad of misery, in order to be faithful to pledged faith, I send the deposit to the person that had been designated to me; instead of the painful scene that just now passed in consciousness, there passes another quite as real, but very different. I know that I have done well; I know that I have not obeyed a chimera, an artificial and mendacious law, but a law true, universal, obligatory upon all intelligent and free beings. I know that I have made a good use of my liberty; I have of this liberty, by the very use that I have made of it, a sentiment more distinct, more energetic, and, in some sort, triumphant. Every opinion would accuse me in vain, I appeal from it to a better justice, and this justice is already declared in me by sentiments that press upon each other in my soul. I respect myself, esteem myself, and believe that I have a right to the esteem of others; I have the sentiment of my dignity; I feel for myself only sentiments of affection opposed to that species of horror for myself with which I was just now inspired. Instead of remorse, I feel an incomparable joy that no one can deprive me of, that, were every thing else wanting to me, would console and support me. This sentiment of pleasure is as penetrating, as profound as was the remorse. It expresses the satisfaction of all the generous principles of human nature, as remorse represented their revolt. It testifies by the internal happiness that it gives me to the sublime accord between happiness and virtue, whilst remorse is the first link in that fatal chain, that chain of iron and adamant, which, according to Plato,[218] binds pain to transgression, trouble to passion, misery to faithlessness, vice, and crime.