Androcles and the Lion (Shaw)/Preface to Androcles and the Lion/Limits to Free Will
LIMITS TO FREE WILL.
Consequently such of our laws as are not merely the intimidations by which tyrannies are maintained under pretext of law, can be obeyed through the exercise of a quite common degree of reasoning power and self-control. Most men and women can endure the ordinary annoyances and disappointments of life without committing murderous assaults. They conclude therefore that any person can refrain from such assaults if he or she chooses to, and proceed to reinforce self-control by threats of severe punishment. But in this they are mistaken. There are people, some of them possessing considerable powers of mind and body, who can no more restrain the fury into which a trifling mishap throws them than a dog can restrain himself from snapping if he is suddenly and painfully pinched. People fling knives and lighted paraffin lamps at one another in a dispute over a dinner-table. Men who have suffered several long sentences of penal servitude for murderous assaults will, the very day after they are released, seize their wives and cast them under drays at an irritating word. We have not only people who cannot resist an opportunity of stealing for the sake of satisfying their wants, but even people who have a specific mania for stealing, and do it when they are in no need of the things they steal. Burglary fascinates some men as sailoring fascinates some boys. Among respectable people how many are there who can be restrained by the warnings of their doctors and the lessons of experience from eating and drinking more than is good for them? It is true that between self-controlled people and ungovernable people there is a narrow margin of moral malingerers who can be made to behave themselves by the fear of consequences; but it is not worth while maintaining an abominable system of malicious, deliberate, costly and degrading ill-treatment of criminals for the sake of these marginal cases. For practical dealing with crime, Determinism or Predestination is quite a good working rule. People without self-control enough for social purposes may be killed, or may be kept in asylums with a view to studying their condition and ascertaining whether it is curable. To torture them and give ourselves virtuous airs at their expense is ridiculous and barbarous; and the desire to do it is vindictive and cruel. And though vindictiveness and cruelty are at least human qualities when they are frankly proclaimed and indulged, they are loathsome when they assume the robes of Justice. Which, I take it, is why Shakespear's Isabella gave such a dressing-down to Judge Angelo, and why Swift reserved the hottest corner of his hell for judges. Also, of course, why Jesus said "Judge not that ye be not judged" and "If any man hear my words and believe not, I judge him not" because "he hath one that judgeth him": namely, the Father who is one with him.
When we are robbed we generally appeal to the criminal law, not considering that if the criminal law were effective we should not have been robbed. That convicts us of vengeance.
I need not elaborate the argument further. I have dealt with it sufficiently elsewhere. I have only to point out that we have been judging and punishing ever since Jesus told us not to; and I defy anyone to make out a convincing case for believing that the world has been any better than it would have been if there had never been a judge, a prison, or a gallows in it all that time. We have simply added the misery of punishment to the misery of crime, and the cruelty of the judge to the cruelty of the criminal. We have taken the bad man, and made him worse by torture and degradation, incidentally making ourselves worse in the process. It does not seem very sensible, does it? It would have been far easier to kill him as kindly as possible, or to label him and leave him to his conscience, or to treat him as an invalid or a lunatic is now treated (it is only of late years, by the way, that madmen have been delivered from the whip, the chain, and the cage; and this, I presume, is the form in which the teaching of Jesus could have been put into practice.)