NOTE ON CRIMINAL JURISPRUDENCE.
[The discussion of this subject has attracted the attention of philanthros pists, and given rise to severed letters, of which the following is one. The ton- swer which it requires, by the writer of the papers, is appended.
TO THE EDITOR OP TI1E SPECTATOR.
Sin—Nut knowing bow to direct to your correspondent hi. B. S., I take the liberty of asking hint through you, A% Iitther there is not some quoliticotion required to his statement in the first note to his letter [No. I.] wherein he assel ts that every site is sane to the requisite extent who has the power rind disposition to act in uhedience to the !awe. Now, is not this giving more credit even to the general laws of any existing society than is their due ? and does it not gn far towards admitting them to be in stricter harmony with the laws of' God than the lien. of the constitution of man for which he pleads tem justify ? Can obedience to such be the true test of sanity ? are rtjboners insane ?
I merely throw out this as a hint, (perhaps a worthless one,) because I am exceedingly anxious that he should make his ground good as he advances in the all-importunt cause Ile has undertaken, and in which 1 from my heart wish him God-epeed in bringing it to a successful issue. I ant, Sir, your obedient servant, W. R. EVANS. Kings/and Rectory, Lcourinster,13th October 1840.
ANSWER.
In asserting float the laws end institutions of any society precisely indirate the average state to which memento] oreanization Of such society has advanced, I mentionied that the niece feet of an infringement of the lamer on the part of an indivblual is a sufficient evidence that his oreanization does not rettell to the average degree of health or copaeity, and that he is therefore to be regarded as socially insane. But in speeking of' an average point of mental power, it will be seem that while there is a 'kiss who fall below the average, there must els° exist an equally extee sive clues w Ito rise above it—men who see sonic of the int- pm feet ions of the law, and who are capable of suggesting improvements. These ea in however, implicitly °hey it although thes. see its errors. They. appeal to the intellect rind to the moral sentiments of mankind, and endeavour by the diffusion of knowledge to raise the social mind to that point at which met: will by common consent proceed Witte necessary. alterations. But active resistance to the law implies the use of' violence, nod tile cause of improvement has never yet been aided by this means. The advancement of mankind is observed to result ft unit the increoming escendancy of tlte moral powers over the animal pos- sions, which are inertly supported by brute force. The enemies of those who would ;tole:once the condition of' the race, are the class who seek to maintidn their power by the ngency of the latter ; and an attempt to meet them with their own weapons must always prove nhortive. if a reform can only be effected hy means of physical force, it is a sure sign that a preponderating atneunt of the social mind is not yet upon its side, and consequently that so- ciety has not advanced (Cu that stooge of civilization to which the refosul is adapted. An attempt to force its operation betbre the public mind is ripe for its reception, although it may advance it Mr a moment, lutist eventually tel it. lit tbi, country tittle are many persons who regard the infliction of ;he punishment of detail RS an objectionable hew. If these personis are correct in their views, they are, rts far RS II perception of this question is concerned, in loolvionce of the social mind; aml they will, as reformers, endeavour, by apitenling
to the of and higher sentiments of mankind, to raise the social mind to
1:(,int at which they have themuselces uteri vc,b. Be, if these lletSellS Were t (JAC I ;'(,wf.e the. officers of the law and to FeSetie a enilYiet front tile hands of the exeentiener, they would rightly be looked upon as criminals. It should alway Is' remembered, I Ida it the Foeial mind preponderates in I.:Leona of any one point, lid re can exist no mai to force that point by viol, nee; because hutnatt power dwells in noieol alone, and it is itriposeible for tlte letter to stand for tam moment Lenore the greater power.
These In ti have Levu so lohg observed, that there is scnrcely a pope of his
- t ory it it lob they n ey not be temed : and thtios it is that, eel 11 as the hese!. ;or:nerds men itedifseively to 1,«.1,Irte cognizant of the unseen presence of their natural destroscc,, the oppressors of the earth, floe believers in the mie It of material power, have Hie aya mtinctively &culled the general 61* learning and morality. Thnse who in any circumstances would have roamer-I: to violence, show a want of' roe huh tics jot the final strength of reason, morality, nod religion, treasonable to the cause of truth ; and perhaps the worst enemy to human interests is the Man who would endeavour to Mice a law, even gnOd in itself, upon a mociely that had not become sufficiently MIVIIIIred too be prepoired boor it Terelithl11.
C'toplatini New Park, 2:id October 1840. AL B. S.
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