“I see,” said I; “you mean that you have no ‘criminal’ classes.”
“How could we have them,” said he, “since there is no rich class to breed enemies against the state by means of the injustice of the state?”
Said I: “I thought that I understood from something that fell from you a little while ago that you had abolished civil law. Is that so, literally?”
“It abolished itself, my friend,” said he. “As I said before, the civil law-courts were upheld for the defence of private property; for nobody ever pretended that it was possible to make people act fairly to each other by means of brute force. Well, private property being abolished, all the laws and all the legal ‘crimes’ which it had manufactured of course came to an end. Thou shalt not steal, had to be translated into, Thou shalt work in order to live happily. Is there any need to enforce that commandment by violence?”
“Well,” said I, “that is understood, and I agree with it; but how about crimes of violence? would not their occurrence (and you admit that they occur) make criminal law necessary?”
Said he: “In your sense of the word, we have no criminal law either. Let us look at the matter closer, and see whence crimes of violence spring. By far the greater part of these in past days were the result of the laws of private property, which forbade the satisfaction of their natural desires to all but a privileged few, and of the general visible coercion which came of those laws. All that cause of violent crime is gone. Again, many violent acts came from the artificial perversion of the sexual passions, which caused overweening jealousy and the like miseries. Now, when you look carefully into these, you will find that what lay at the bottom of them was mostly the idea (a law-made idea) of the woman being the property of the man, whether he were husband, father, brother, or what not. That idea has of course vanished with private property, as well as certain follies about the ‘ruin’ of women for following their natural desires in an illegal way, which of course was a convention caused by the laws of private property.
“Another cognate cause of crimes of violence was the family tyranny, which was the subject of so many novels and stories of the past, and which once more was the result of private property. Of course that is all ended, since families are held together by no bond of coercion, legal or social, but by mutual liking and affection, and everybody is free to come or go as he or she pleases. Furthermore, our standards of honour and public estimation are very different from the old ones; success in besting our neighbours is a road to renown now closed, let us hope for ever. Each man is free to exercise his special faculty to the utmost, and every one encourages him in so doing. So that we have got rid of the scowling envy, coupled by the poets with hatred, and surely with good reason; heaps of unhappiness and ill-blood were caused by it, which with irritable and passionate men—i.e., energetic and active men—often led to violence.”
I laughed, and said: “So that you now withdraw your admission, and say that there is no violence amongst you?”
“No,” said he, “I withdraw nothing; as I told you, such things will happen. Hot blood will err sometimes. A man may strike another, and the stricken strike back again, and the result be a homicide, to put it at the worst. But what then? Shall we the neighbours make it worse still? Shall we think so poorly of each other as to suppose that the slain man calls on us to revenge him, when we know that if he had been maimed, he would, when in cold blood and able to weigh all the circumstances, have forgiven his manner? Or will the death of the slayer bring the slain man to life again and cure the unhappiness his loss has caused?”
“Yes,” I said, “but consider, must not the safety of society be safeguarded by some punishment?”