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Nietzsche says that the thing which best differentiates man from the other animals is his capacity for making and keeping a promise. That is to say, man has a trained and efficient memory and it enables him to project an impression of today into the future. Of the millions of impressions which impinge upon his consciousness every day, he is able to save a chosen number from the oblivion of forgetfulness. An animal lacks this capacity almost entirely. The things that it remembers are far from numerous and it is devoid of any means of reinforcing its memory. But man has such a means and it is commonly called conscience. At bottom it is based upon the principle that pain is always more enduring than pleasure. Therefore, "in order to make an idea stay it must be burned into the memory; only that which never ceases to hurt remains fixed."1 Hence all the world's store of tortures and sacrifices. At one time they were nothing more than devices to make man remember his pledges to his gods. Today they survive in the form of legal punishments, which are nothing more, at bottom, than devices to make a man remember his pledges to his fellow men.

From all this Nietzsche argues that our modern law is the outgrowth of the primitive idea of barter—of the idea that everything has an equivalent and can be paid for—that when a man forgets or fails to discharge an obligation in one way he may wipe out his sin by discharging it in some other way. "The earliest relationship that ever existed," he says, "was the relationship between buyer and seller, creditor and debtor. On this ground man first stood face to face with man. No stage of civilization, however inferior, is without the institution of bartering. To fix prices, to adjust values, to invent equivalents, to exchange things—all this has to such an extent preoccupied the first and earliest thought of man, that it may be said to constitute thinking itself. Out of it sagacity arose, and out of it, again, arose man's first pride—his first feeling of superiority over the animal world. Perhaps, our very word man (manus) expresses something of this.2 Man calls himself the being who weighs and measures."3

Now besides the contract between man and man, there is also a contract between man and the community. The community agrees to give the individual protection and the individual promises to pay for it in labor and obedience. Whenever he fails to do so, he violates his promise, and the community regards the contract as broken. Then "the anger of the outraged creditor—or community—withdraws its protection from the debtor—or law-breaker—and he is laid open to all the dangers and disadvantages of life in a state of barbarism. Punishment, at this stage of civilization, is simply the image of a man's normal conduct toward a hated, disarmed and cast-down enemy, who has forfeited not only all claims to protection, but also all claims to mercy. This accounts for the fact that war (including the sacrificial cult of war) has furnished all the forms in which punishment appears in history."4

It will be observed that this theory grounds all ideas of justice and punishment upon ideas of expedience. The primeval creditor forced his debtor to pay because he knew that if the latter didn't pay he (the creditor) would suffer. In itself, the debtor's effort to get something for nothing was not wrong, because, as we have seen in previous chapters, this is the ceaseless and unconscious endeavor of every living being, and is, in fact, the most familiar of all manifestations of the primary will to live, or more understandably, of the will to acquire power over environment. But when the machinery of justice was placed in the hands of the state, there came a transvaluation of values. Things that were manifestly costly to the state were called wrong, and the old individualistic standards of good and bad—i.e. beneficial and harmful—became the standards of good and evil—i.e. right and wrong.

In this way, says Nietzsche, the original purpose of punishment has become obscured and forgotten. Starting out as a mere means of adjusting debts, it has become a machine for enforcing moral concepts. Moral ideas came into the world comparatively late, and it was not until man had begun to be a speculative being that he invented gods, commandments and beatitudes. But the institution of punishment was in existence from a much earlier day. Therefore, it is apparent that the moral idea,—the notion that there is such a thing as good and such a thing as evil,—far from being the inspiration of punishment, was engrafted upon it at a comparatively late period. Nietzsche says that man, in considering things as they are today, is very apt to make this mistake about their origins. He is apt to conclude, because the human eye is used for seeing, that it was created for that purpose, whereas it is obvious that it may have been created for some other purpose and that the function of seeing may have arisen later on. In the same way, man believes that punishment was invented for the purpose of enforcing moral ideas, whereas, as a matter of fact, it was originally an instrument of expediency only, and did not become a moral machine until a code of moral laws was evolved.5

To show that the institution of punishment itself is older than the ideas which now seem to lie at the base of it, Nietzsche cites the fact that these ideas themselves are constantly varying. That is to say, the aim and purpose of punishment are conceived differently by different races and individuals. One authority calls it a means of rendering the criminal helpless and harmless and so preventing further mischief in future. Another says that it is a means of inspiring others with fear of the law and its agents. Another says that it is a device for destroying the unfit. Another holds it to be a fee exacted by society from the evil-doer for protecting him against the excesses of private revenge. Still another looks upon it as society's declaration of war against its enemies. Yet another says that it is a scheme for making the criminal realize his guilt and repent. Nietzsche shows that all of these ideas, while true, perhaps, in some part, are fallacies at bottom. It is ridiculous, for instance, to believe that punishment makes the law-breaker acquire a feeling of guilt and sinfulness. He sees that he was indiscreet in committing his crime, but he sees, too, that society's method of punishing his indiscretion consists in committing a crime of the same sort against him. In other words, he cannot hold his own crime a sin without also holding his punishment a sin—which leads to an obvious absurdity. As a matter of fact, says Nietzsche, punishment really does nothing more than "augment fear, intensify prudence and subjugate the passions." And in so doing it tames man, but does not make him better. If he refrains from crime in future, it is because he has become more prudent and not because he has become more moral. If he regrets his crimes of the past, it is because his punishment, and not his so-called conscience, hurts him.

But what, then, is conscience? That there is such a thing every reasonable man knows. But what is its nature and what is its origin? If it is not the regret which follows punishment, what is it? Nietzsche answers that it is nothing more than the old will to power, turned inward. In the days of the cave men, a man gave his will to power free exercise. Any act which increased his power over his environment, no matter how much it damaged other men, seemed to him good. He knew nothing of morality. Things appeared to him, not as good or evil, but as good or bad—beneficial or harmful. But when civilization was born, there arose a necessity for controlling and regulating this will power. The individual had to submit to the desire of the majority and to conform to nascent codes of morality. The result was that his will to power, which once spent itself in battles with other individuals, had to be turned upon himself. Instead of torturing others, he began to torture his own body and mind. His ancient delight in cruelty and persecution (a characteristic of all healthy animals) remained, but he could not longer satisfy it upon his fellow men and so he turned it upon himself, and straightway became a prey to the feeling of guilt, of sinfulness, of wrong-doing—with all its attendant horrors.

Now, one of the first forms that this self-torture took was primitive man's accusation against himself that he was not properly grateful for the favors of his god. He saw that many natural phenomena benefited him, and he thought that these phenomena occurred in direct obedience to the deity's command. Therefore, he regarded himself as the debtor of the deity, and constantly accused himself of neglecting to discharge this debt, because he felt that, by so accusing, he would be most apt to discharge it in full, and thus escape the righteous consequences of insufficient payment. This led him to make sacrifices—to place food and drink upon his god's altar, and in the end, to sacrifice much more valuable things, such, for instance, as his first born child. The more vivid the idea of the deity became and the more terrible he appeared, the more man tried to satisfy and appease him. In the early days, it was sufficient to sacrifice a square meal or a baby. But when Christianity—with its elaborate and certain theology—arose, it became necessary for a man to sacrifice himself.

Thus arose the Christian idea of sin. Man began to feel that he was in debt to his creator hopelessly and irretrievably, and that, like a true bankrupt, he should offer all he had in partial payment. So he renounced everything that made life on earth bearable and desirable and built up an ideal of poverty and suffering. Sometimes he hid himself in a cave and lived like an outcast dog—and then he was called a saint. Sometimes he tortured himself with whips and poured vinegar into his wounds—and then he was a flagellant of the middle ages. Sometimes, he killed his sexual instinct and his inborn desire for property and power—and then he became a penniless celibate in a cloister.

Nietzsche shows that this idea of sin, which lies at the bottom of all religions, was and is an absurdity; that nothing, in itself, is sinful, and that no man is, or can be a sinner. If we could rid ourselves of the notion that there is a God in Heaven, to whom we owe a debt, we would rid ourselves of the idea of sin. Therefore, argues Nietzsche, it is evident that skepticism, while it makes no actual change in man, always makes him feel better. It makes him lose his fear of hell and his consciousness of sin. It rids him of that most horrible instrument of useless, senseless and costly torture—his conscience. "Atheism," says Nietzsche, "will make a man innocent."

1. "Zur Genealogie der Moral," II, § 3.

2. In the ancient Sanskrit the word from which "man" comes meant "to think, to weigh, to value, to reckon, to estimate."

3. "Zur Genealogie der Moral," II, § 8.

4. "Zur Genealogie der Moral," II, § 9.

5. A familiar example of this superimposition of morality is afforded by the history of costume. It is commonly assumed that garments were originally designed to hide nakedness as much as to afford warmth and adorn the person, whereas, as a matter of fact, the idea of modesty probably did not appear until man had been clothed for ages.