This is, of course, a kind of excuse which would not free a man from the gallows. It would simply suggest that punishment should not be considered from the moral, but, if I may say so, from the sanitary point of view. We should hang the murderer--not to satisfy our sense of justice, but to get rid of a nuisance. I will not now inquire what may be said upon that undoubtedly difficult problem; but I must touch upon the previous question which is raised by the argument. Would our supposed murderer make out a good case for himself? Is there no difference between him and the maniac; or, rather, what is the nature of the difference which we clearly recognise in practice? In the extreme case which our ancestors took as the typical case, the madman kills because he is under some complete illusion: he supposes that he is only breaking a glass when he is really taking a life, and so forth. He is therefore not wicked, but accidentally mischievous. We have now come to recognise the existence of many states of mind intervening between this and complete sanity. Among them, for example, is the state of mind of the homicidal monomaniac, whose propensity is considered to be the cause of his actions, and which may be consistent with his being in many other respects capable of acting upon the ordinary motives and judging reasonably in most of the affairs of life. What, then, is the meaning of the statement that he is a madman, and therefore excusable? The contention must, of course, be, in the first place, that his character is in some way abnormal. He is not governable by the ordinary motives which determine human action. But, beyond this, it is evident that the abnormality is taken to mean something more than the mere deviation from the average. A man may be abominably wicked, and yet not in the least abnormal in the sense here required. He may be deficient in the higher motives, and the more brutal passions may be unusually developed; and yet we do not hold that he therefore deviates from the type. So, in a different sphere, we may have one man possessing enormous strength and another exceedingly feeble, one very active and another very clumsy; and yet they may all be perfectly normal, they are free from physical disease, and all their physical functions may be performed according to the normal system. Entire freedom from disease, in short, is perfectly compatible with exceedingly wide deviations from the average, with capacity for walking a thousand miles in a thousand hours, or with inability to walk a single mile; and yet such deviations do not imply a departure from a certain common type. To say precisely what symptoms indicate mere differences within the normal type, and what imply an actual deviation from the type, is exceedingly difficult, if not impossible; and yet that such a distinction exists has to be constantly recognised. "So-and-so is delicate, but not diseased; feeble, but not deformed," has a definite meaning, though we may be unable to define the precise meaning of our words, or to decide which statement is true in particular cases.
Migration Journal
Social Rights And Duties — Part 5
2026-11-15 01:44:13 · Cedar Herald Index
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