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nydus/Proposed Roads to FreedomPublic
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Table of Contents

CHAPTER V — GOVERNMENT AND LAW

When a man is suffering from an infectious disease he is a danger to the community, and it is necessary to restrict his liberty of movement. But no one associates any idea of guilt with such a situation. On the contrary, he is an object of commiseration to his friends. Such steps as science recommends are taken to cure him of his disease, and he submits as a rule without reluctance to the curtailment of liberty involved meanwhile. The same method in spirit ought to be shown in the treatment of what is called "crime." It is supposed, of course, that the criminal is actuated by calculations of self-interest, and that the fear of punishment, by supplying a contrary motive of self-interest affords the best deterrent,


     The dog, to gain some private end,
          Went mad and bit the man.

This is the popular view of crime; yet no dog goes mad from choice, and probably the same is true of the great majority of criminals, certainly in the case of crimes of passion. Even in cases where self-interest is the motive, the important thing is to prevent the crime, not to make the criminal suffer. Any suffering which may be entailed by the process of prevention ought to be regarded as regrettable, like the pain involved in a surgical operation. The man who commits a crime from an impulse to violence ought to be subjected to a scientific psychological treatment, designed to elicit more beneficial impulses. The man who commits a crime from calculations of self- interest ought to be made to feel that self-interest itself, when it is fully understood, can be better served by a life which is useful to the community than by one which is harmful. For this purpose it is chiefly necessary to widen his outlook and increase the scope

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