Page:Law and Authority (1886).djvu/23

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21

secure twelve honest jurymen to every accused person,” said Burke.

Well, in spite of all the prejudices existing on this subject, it is quite time that Anarchists should boldly declare this category of laws as useless and injurious as the preceding ones.

First of all, as to so-called “crimes”—assaults upon persons—it is well-known that two-thirds, and often as many as three-fourths, of such “crimes” are instigated by the desire to obtain possession of someone’s wealth. This immense class of so-called “crimes and misdemeanours” will disappear on the day on which private property ceases to exist. “But,” it will be said, “there will always be brutes who will attempt the lives of their fellow-citizens, who will lay their hands to a knife in every quarrel, and revenge the slightest offence by murder, if there are no laws to restrain and punishments to withhold them.” This refrain is repeated every time the right of society to punish is called in question.

Yet there is one fact upon this head which at the present time is thoroughly established; the severity of punishment does not diminish the amount of crime. Hang, and, if you like, quarter murderers, and the number of murders will not decrease by one. On the other hand, abolish the penalty of death, and there will not be one murder more; there will be fewer. Statistics prove it. But if the harvest is good, and bread cheap, and the weather fine, the number of murders immediately decreases. This again is proved by statistics. The amount of crime always augments and diminishes in proportion to the price of provisions and the state of the weather. Not that all murderers are actuated by hunger. That is not the case. But when the harvest is good, and provisions are at an obtainable price, and when the sun shines, men, lighter hearted and less miserable than usual, do not give way to gloomy passions, do not from trivial motives, plunge a knife into the bosom of a fellow creature.

Moreover, it is also a well-known fact that the fear of punishment has never stopped a single murderer. He who kills his neighbour from revenge or misery does not reason much about consequences; and there have been few murderers who were not firmly convinced that they should escape prosecution.