ter demoralisation far and wide into society? Read the trials, glance behind the scenes, push your analysis further than the exterior facade of law courts, and you will come out sickened.
Have not prisons—which kill all will and force of character in man, which enclose within their walls more vices than are met with on any other spot of the globe—always been universities of crime? Is not the court of a tribunal a school of ferocity? And so on.
When we ask for the abolition of the State and its organs we are always told that we dream of a society composed of men better than they are in reality. But no; a thousand times, no. All we ask is that men should not be made worse than they are, by such institutions!
Once a German jurist of great renown, Ihering, wanted to sum up the scientific work of his life and write a treatise, in which he proposed to analyse the factors that preserve social life in society. "Purpose in Law" (Der Zweck im Rechte), such is the title of that book, which enjoys a well-deserved reputation.
He made an elaborate plan of his treatise, and, with much erudition, discussed both coercive factors which are used to maintain society: wagedom and the different forms of coercion which are sanctioned by law. At the end of his work he reserved two paragraphs only to mention the two non-coercive factors—the feeling of duty and the feeling of mutual sympathy—to which he attached little importance, as might be expected from a writer in law.
But what happened? As he went on analysing the coercive factors he realised their insufficiency. He consecrated a whole volume to their analysis, and the result was to lessen their importance! When he began the last two paragraphs, when he began to reflect upon the non-coercive factors of society, he perceived, on the contrary, their immense, outweighing importance; and. instead of two paragraphs, he found himself obliged to write a second volume, twice as large as the first, on these two factors: voluntary restraint and mutual help; and yet, he analysed but an infinitesimal part of these latter—those which result from personal sympathy—and hardly touched free agreement, which results from social institutions.
Well, then, leave off repeating the formula? which you have learned at school; meditate on this subject; and the same thing that happened to Ihering will happen to you : you will recognise the infinitesimal importance of coercion, as compared to the voluntary assent, in society.
On the other hand, if by following the very old advice given by Bentham you begin to think of the fatal consequences—direct, and especially indirect—of legal coercion, then, like Tolstoy, like us, you will begin to hate the use of coercion, and you will begin to say that society possesses a thousand other means for preventing anti-social acts. If it
