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Measured always by the standard of antiquity (this antiquity, moreover, is present or again possible at all periods), the community stands to its members in that important and radical relationship of creditor to his "owers." Man lives in a community, man enjoys the advantages of a community (and what advantages! we occasionally underestimate them nowadays), man lives protected, spared, in peace and trust, secure from certain injuries and enmities, to which the man outside the community, the "peaceless" man, is exposed,—a German understands the original meaning of "Elend" (lend),—secure because he has entered into pledges and obligations to the community in respect of these very injuries and enmities. What happens when this is not the case? The community, the defrauded creditor, will get itself paid, as well as it can, one can reckon on that. In this case the question of the direct damage done by the offender is quite subsidiary: quite apart from this the criminal is above all a breaker, a breaker of word and covenant to the whole, as regards all the advantages and amenities of the communal life in which up to that time he had participated. The criminal is an "ower" who not only fails to repay the advances and advantages that have been given to him, but even sets out to attack his creditor:[Pg 82] consequently he is in the future not only, as is fair, deprived of all these advantages and amenities—he is in addition reminded of the importance of those advantages. The wrath of the injured creditor, of the community, puts him back in the wild and outlawed status from which he was previously protected: the community repudiates him—and now every kind of enmity can vent itself on him. Punishment is in this stage of civilisation simply the copy, the mimic, of the normal treatment of the hated, disdained, and conquered enemy, who is not only deprived of every right and protection but of every mercy; so we have the martial law and triumphant festival of the v victis! in all its mercilessness and cruelty. This shows why war itself (counting the sacrificial cult of war) has produced all the forms under which punishment has manifested itself in history.
As it grows more powerful, the community tends to take the offences of the individual less seriously, because they are now regarded as being much less revolutionary and dangerous to the corporate existence: the evil-doer is no more outlawed and put outside the pale, the common wrath can no longer vent itself upon him with its old licence,—on the contrary, from this very time it is against this wrath, and particularly against the wrath of those directly injured, that the evil-doer is carefully shielded and protected by the community. As, in fact, the penal law[Pg 83] develops, the following characteristics become more and more clearly marked: compromise with the wrath of those directly affected by the misdeed; a consequent endeavour to localise the matter and to prevent a further, or indeed a general spread of the disturbance; attempts to find equivalents and to settle the whole matter (compositio); above all, the will, which manifests itself with increasing definiteness, to treat every offence as in a certain degree capable of being paid off, and consequently, at any rate up to a certain point, to isolate the offender from his act. As the power and the self-consciousness of a community increases, so proportionately does the penal law become mitigated; conversely every weakening and jeopardising of the community revives the harshest forms of that law. The creditor has always grown more humane proportionately as he has grown more rich; finally the amount of injury he can endure without really suffering becomes the criterion of his wealth. It is possible to conceive of a society blessed with so great a consciousness of its own power as to indulge in the most aristocratic luxury of letting its wrong-doers go scot-free.—"What do my parasites matter to me?" might society say. "Let them live and flourish! I am strong enough for it."—The justice which began with the maxim, "Everything can be paid off, everything must be paid off," ends with connivance at the escape of those who cannot pay to escape—it ends, like every good thing on earth, by destroying itself.—The self-destruction of Justice! we know[Pg 84] the pretty name it calls itself—Grace! it remains, as is obvious, the privilege of the strongest, better still, their super-law.
A deprecatory word here against the attempts, that have lately been made, to find the origin of justice on quite another basis—namely, on that of resentment. Let me whisper a word in the ear of the psychologists, if they would fain study revenge itself at close quarters: this plant blooms its prettiest at present among Anarchists and anti-Semites, a hidden flower, as it has ever been, like the violet, though, forsooth, with another perfume. And as like must necessarily emanate from like, it will not be a matter for surprise that it is just in such circles that we see the birth of endeavours (it is their old birthplace—compare above, First Essay, paragraph 14), to sanctify revenge under the name of justice (as though Justice were at bottom merely a development of the consciousness of injury), and thus with the rehabilitation of revenge to reinstate generally and collectively all the reactive emotions. I object to this last point least of all. It even seems meritorious when regarded from the standpoint of the whole problem of biology (from which standpoint the value of these emotions has up to the present been underestimated). And that to which I alone call attention, is the circumstance that it is the spirit of revenge itself, from which develops this new nuance of scientific equity (for the benefit of hate, envy, mistrust,[Pg 85] jealousy, suspicion, rancour, revenge). This scientific "equity" stops immediately and makes way for the accents of deadly enmity and prejudice, so soon as another group of emotions comes on the scene, which in my opinion are of a much higher biological value than these reactions, and consequently have a paramount claim to the valuation and appreciation of science: I mean the really active emotions, such as personal and material ambition, and so forth. (E. Dhring, Value of Life; Course of Philosophy, and passim.) So much against this tendency in general: but as for the particular maxim of Dhring's, that the home of Justice is to be found in the sphere of the reactive feelings, our love of truth compels us drastically to invert his own proposition and to oppose to him this other maxim: the last sphere conquered by the spirit of justice is the sphere of the feeling of reaction! When it really comes about that the just man remains just even as regards his injurer (and not merely cold, moderate, reserved, indifferent: being just is always a positive state); when, in spite of the strong provocation of personal insult, contempt, and calumny, the lofty and clear objectivity of the just and judging eye (whose glance is as profound as it is gentle) is untroubled, why then we have a piece of perfection, a past master of the world—something, in fact, which it would not be wise to expect, and which should not at any rate be too easily believed. Speaking generally, there is no doubt but that even the justest individual only requires a little dose of[Pg 86] hostility, malice, or innuendo to drive the blood into his brain and the fairness from it. The active man, the attacking, aggressive man is always a hundred degrees nearer to justice than the man who merely reacts; he certainly has no need to adopt the tactics, necessary in the case of the reacting man, of making false and biassed valuations of his object. It is, in point of fact, for this reason that the aggressive man has at all times enjoyed the stronger, bolder, more aristocratic, and also freer outlook, the better conscience. On the other hand, we already surmise who it really is that has on his conscience the invention of the "bad conscience,"—the resentful man! Finally, let man look at himself in history. In what sphere up to the present has the whole administration of law, the actual need of law, found its earthly home? Perchance in the sphere of the reacting man? Not for a minute: rather in that of the active, strong, spontaneous, aggressive man? I deliberately defy the above-mentioned agitator (who himself makes this self-confession, "the creed of revenge has run through all my works and endeavours like the red thread of Justice"), and say, that judged historically law in the world represents the very war against the reactive feelings, the very war waged on those feelings by the powers of activity and aggression, which devote some of their strength to damming and keeping within bounds this effervescence of hysterical reactivity, and to forcing it to some compromise. Everywhere where justice is practised and justice is maintained, it is to be observed that the[Pg 87] stronger power, when confronted with the weaker powers which are inferior to it (whether they be groups, or individuals), searches for weapons to put an end to the senseless fury of resentment, while it carries on its object, partly by taking the victim of resentment out of the clutches of revenge, partly by substituting for revenge a campaign of its own against the enemies of peace and order, partly by finding, suggesting, and occasionally enforcing settlements, partly by standardising certain equivalents for injuries, to which equivalents the element of resentment is henceforth finally referred. The most drastic measure, however, taken and effectuated by the supreme power, to combat the preponderance of the feelings of spite and vindictiveness—it takes this measure as soon as it is at all strong enough to do so—is the foundation of law, the imperative declaration of what in its eyes is to be regarded as just and lawful, and what unjust and unlawful: and while, after the foundation of law, the supreme power treats the aggressive and arbitrary acts of individuals, or of whole groups, as a violation of law, and a revolt against itself, it distracts the feelings of its subjects from the immediate injury inflicted by such a violation, and thus eventually attains the very opposite result to that always desired by revenge, which sees and recognises nothing but the standpoint of the injured party. From henceforth the eye becomes trained to a more and more impersonal valuation of the deed, even the eye of the injured party himself (though this is in the final stage of all, as has been[Pg 88] previously remarked)—on this principle "right" and "wrong" first manifest themselves after the foundation of law (and not, as Dhring maintains, only after the act of violation). To talk of intrinsic right and intrinsic wrong is absolutely non-sensical; intrinsically, an injury, an oppression, an exploitation, an annihilation can be nothing wrong, inasmuch as life is essentially (that is, in its cardinal functions) something which functions by injuring, oppressing, exploiting, and annihilating, and is absolutely inconceivable without such a character. It is necessary to make an even more serious confession:—viewed from the most advanced biological standpoint, conditions of legality can be only exceptional conditions, in that they are partial restrictions of the real life-will, which makes for power, and in that they are subordinated to the life-will's general end as particular means, that is, as means to create larger units of strength. A legal organisation, conceived of as sovereign and universal, not as a weapon in a fight of complexes of power, but as a weapon against fighting, generally something after the style of Dhring's communistic model of treating every will as equal with every other will, would be a principle hostile to life, a destroyer and dissolver of man, an outrage on the future of man, a symptom of fatigue, a secret cut to Nothingness.—