In fact there is not, in our society, a single law which does not injure some of its members, either in their material interests or their ideas; not a single law which each triumphant party has not been able to turn against its adversaries. Power once obtained, every illegal party becomes legal, for it is that party which, through its creatures, administers the “law.” We may then conclude that the law being nothing but the will of the strongest, one is obliged to obey it only when too weak to resist it; that nothing really legitimizes it, and that this famous “legality” is only a question of more or less force. So when these rogues oppose the workers with their supreme argument, “legality,” the latter may laugh in their faces and ask if anyone ever came to consult the toilers about the making of those laws. And even if the people should have adhered to these laws for a time, the latter could have no effectiveness except so long as those who accepted them continued to believe them useful, and were willing to conform to them. It would be funny if, under the pretext that at a given moment of our life we had agreed to a certain line of conduct, we were forced to adopt it for the rest of our existence, without being able to modify it, because to do so would be to displease a certain number of persons who, for one cause or another finding profit for themselves in the existing order, would like to crystallize the present condition. But what is more ridiculous still, is to desire to subject us to the laws of past generations, the pretense that we should believe we owe respect and obedience to fancies which it pleased certain nincompoops to codify and set up as laws fifty years ago! The presumption of wanting to enslave the present to the conceptions of the past!

At this point we hear the recriminations of all the makers of laws and those that get their living out of them; they naively fall into line and cry out with the others that society could not exist if there were no longer any laws; that people would be cutting each other’s throats if they had no tutelary authority to keep them in fear and respect of acquired rank and condition. Later we shall see that, in spite of law and coercion, crimes continue to be committed; that the laws are powerless to repress or prevent them, since they are the result of the vicious organization which governs us; and that, consequently, we must not seek to maintain or to modify the laws, but to change the social system.

But what makes us still more indignant is that certain persons are audacious enough to set themselves up as judges of others. So long as authority leaned upon its divine source, so long as justice passed for an emanation from God, we can understand that those invested with authority should have believed themselves peculiar beings, endowed by the divine will with a portion of its omnipotence and infallibility, and should have imagined themselves fit to distribute rewards and punishments to the herd of vulgar mortals. But in our century of science and free criticism, when it is recognized that all men are kneaded out of the same dough, subject to the same passions, the same caprices, the same mistakes, today when an agonizing divinity no longer comes to animate with its breath the ever fallible reason of mortals, we ask ourselves how it comes that there are men ignorant, enough, or presumptuous enough, to dare to assume in cold blood and with deliberate intent the terrible responsibility of taking away another man’s life or any portion of his liberty. When, in the most ordinary affairs of daily life we are most of the time unable to succeed in analyzing not only the causes which prompt our immediate neighbors to act but very often the true motives of our own acts, how can anybody have the self-sufficiency to believe himself capable of disentangling the truth in an affair of which he knows neither the beginning, nor the actors, nor the motives which prompted their actions, and which comes before the tribunal only after being magnified, commented upon, distorted by the misrepresentations of those who participated in it in any way whatsoever or, more frequently, have heard of it only through the repetitions of others?

You, who pose as severe and infallible judges of this man who has killed or robbed, do you know the motives which prompted him? Do you know the circumstances of environment, heredity, or even chance, which influenced his mind and led him to commit the act with which you reproach him? You, the implacable men that hurl your anathema against the accused whom public force has brought before your bar, have you ever asked yourselves whether, if placed in the same circumstances and surroundings under which this man acted, you would not have done worse? If, even, you were the impeccable, austere, and stainless men you are supposed to be, you, who with a word pitilessly cut off human life and liberty, you would not dare to utter your decisions if you had thoroughly reflected on human frailty; were you conscious of what you are doing, you would recoil appalled before your task! How could you help being troubled with nightmares! How could your dreams help being peopled with specters of the victims which your pretended justice creates every day! Were it not for that official unconsciousness which stupidity and habit give, you would end by succumbing to the weight of remorse and the haunting of phantoms evoked by your judgments. Our epoch of criticism and positive science no longer admits the principle of distributive justice, nor recognizes the legitimacy of a superior authority rewarding the good and chastising the wicked. Against this ancient doctrine, which the conceptions of the age during one period of humanity’s evolution rendered

Вы читаете Moribund Society and Anarchy
Добавить отзыв
ВСЕ ОТЗЫВЫ О КНИГЕ В ИЗБРАННОЕ

0

Вы можете отметить интересные вам фрагменты текста, которые будут доступны по уникальной ссылке в адресной строке браузера.

Отметить Добавить цитату