prohibition, rival parties would organize rival forces, and civil war would result. Yet, if there is such a prohibition, it cannot well be carried out without a very considerable interference with individual liberty. No doubt, after a time, the idea of using violence to achieve a political object might die down, as the practice of duelling has done. But such changes of habit and outlook are facilitated by legal prohibition, and would hardly come about without it. I shall not speak yet of the international aspect of this same problem, for I propose to deal with that in the next chapter, but it is clear that the same considerations apply with even greater force to the relations between nations.
If we admit, however reluctantly, that a criminal law is necessary and that the force of the community must be brought to bear to prevent certain kinds of actions, a further question arises: How is crime to be treated? What is the greatest measure of humanity and respect for freedom that is compatible with the recognition of such a thing as crime? The first thing to recognize is that the whole conception of guilt or sin should be utterly swept away. At present, the criminal is visited with the displeasure of the community: the sole method applied to prevent the occurrence of crime is the infliction of pain upon the criminal. Everything possible is done to break his spirit and destroy his self-respect. Even those pleasures which would be most likely to have a civilizing effect are forbidden to him, merely on the ground that they are pleasures, while much of the suffering inflicted is of a kind which can only brutalize and degrade still further. I am not speaking, of course, of those few penal institutions which have made a serious study of reforming the criminal. Such institutions, especially in America, have been proved capable of achieving the most remarkable results, but they remain everywhere exceptional. The broad rule is still that the criminal is made to feel the displeasure of society. He must emerge from such a treatment either defiant and hostile, or submissive and cringing, with a broken spirit and a loss of self-respect. Neither of these results is anything but evil. Nor can any good result be achieved by a method of treatment which embodies reprobation.