Читать книгу Demanding the Impossible - Peter Marshall - Страница 16

The anarchists like liberals see the State as primarily a legal association and law as its mode of action.⁵² It is designed to maintain a compulsory degree of legal order. Its principal bodies – the legislature, judiciary, and executive – are responsible for making, interpreting and enforcing the law. Strictly speaking, a law is a rule of conduct made by government and enforced by the State.

Tolstoy describes laws vividly as ‘rules, made by people who govern by means of organized violence, for non-compliance with which the non-compliant is subjected to blows, to loss of liberty, or even to being murdered’.⁵³ Laws restrict our liberty by making us act or refrain from acting regardless of our wishes; they stand like high hedges, keeping us on the straight and narrow. The methods used by the State to enforce its laws are those of compulsion: the ultimate power of the law is the coercive power of the State. As Hobbes recognized, the authority of Leviathan is ultimately based on the sword – or its modern equivalent, the policeman’s cosh or the soldier’s gun. Indeed, as Tolstoy observed, the characteristic feature of government is that ‘it claims a moral right to inflict physical penalties, and by its decree to make murder a good action’.⁵⁴ Since they reject the State, it is therefore inevitable that anarchists reject its most coercive expression in the law; in the words of Jean Grave, ‘anarchy demonstrates that there cannot be any good laws, nor good governments, nor faithful applications of the law … all human law is arbitrary.’⁵⁵

Of all anarchists, Godwin was the earliest and most trenchant critic of law. In the first place, he argued that man-made law is unnecessary since ‘immutable reason is the true legislator’. Men can do no more than declare and interpret the rules of universal justice as perceived by reason. Secondly, the principal weakness of law is its status as a general rule. No two actions are the same and yet the law absurdly tries to reduce the myriad of human actions to one common measure, and as such operates like Procrustes’ bed in the Greek legend which cuts or stretches whoever lays on it. Thirdly, law is inevitably made in the interest of the lawmakers and as such is a ‘venal compact by which superior tyrants have purchased the countenance and alliance of the inferior’.⁵⁶ Above all, like government it fixes the human mind in a stagnant condition and prevents that unceasing progress which is its natural tendency.

Godwin was certain that the punishment – the voluntary infliction of evil on a vicious being – threatened or imposed by law is not an appropriate way to reform human conduct. Since men are products of their environment, they cannot strictly speaking be held responsible for what they do: an assassin is no more guilty of the crime he commits than the dagger he holds. Since they are in the grip of circumstances, they do not have free will. There can therefore be no moral justification in punishment, whether it be for retribution, example or reform. All punishment is ‘a tacit confession of imbecility’; indeed, it is worse than the original crime since it uses force where rational persuasion is enough. Coercion cannot convince or create respect; it can only sour the mind and alienate the person against whom it is used.

Godwin was convinced that law, like government, is not only harmful but unnecessary. His remedy for anti-social acts was to reduce the occasion for crime by eradicating its causes in government and accumulated property and by encouraging people through education to think in terms of the general good rather than private interest. Since vice is principally error, enlightenment will be enough to make people virtuous.

Godwin is realistic enough to recognize that even in a free society it may be necessary to restrain violent people on a temporary basis, but they should always be treated kindly and kept within the community as far as possible. Instead of resorting to courts and professional lawyers, disputes could be solved by popular juries who consider the specific circumstances of each case: ‘There is no maxim more clear than this, “Every case is a rule to itself”.’⁵⁷ The aim should always be to resolve conflict rather than apportion blame. Eventually, Godwin believed, it would only be necessary to recommend rather than enforce the decisions of juries. In place of law, the power of public opinion would suffice to check anti-social acts. And once the ‘rules of justice’ were properly understood by the community, then laws would become unnecessary.

After Godwin, Kropotkin offered the most cogent anarchist criticism of the law. All legislation within the State, he asserted, has always been made with regard to the interests of the privileged classes. He traced the origins of law first to primitive superstitions, and then to the decrees of conquerors. Originally human relations were regulated by customs and usages, but the dominant minority used law to make immutable those customs which were to their advantage. Law thus made its appearance ‘under the sanction of the priest, and the warrior’s club was placed at its service’.⁵⁸

Kropotkin divided the millions of laws which exist to regulate humanity into three main categories: the protection of property, the protection of governments, the protection of persons. The first is intended to appropriate the product of the worker’s labour or to deal with quarrels between monopolists; as such they have no other object than to protect the unjust appropriation of human labour. The second category, constitutional law, is intended to maintain the administrative machine which almost entirely serves to protect the interests of the possessing classes. The third category, the protection of persons, is the most important since such laws are considered indispensable to the maintenance of security in European societies. These laws developed from the nucleus of customs which were useful to human communities, but since they have been adopted by rulers to sanctify their domination they have become as useless and injurious as the other categories of law.

Kropotkin argued that the main supports for crime are idleness, law and authority. But since about two-thirds of existing crimes are crimes against property, ‘they will disappear, or be limited to a quite trifling amount, when property which is now the privilege of a few, shall return to its real source – the community’.⁵⁹ For those people who will still be anti-social and violent, Kropotkin insists that punishment is not appropriate since the severity of punishment does not diminish the amount of crime. Talking from his own experience of Russian and French prisons, he condemned prisons for killing physical energy, destroying the individual will, and encouraging society to treat the liberated prisoner as ‘something plague-stricken’.⁶⁰

It is not possible to improve prisons. The more prisons are reformed, the more detestable they become: modern penitentiaries are far worse than the dungeons of the Middle Ages. The best cure for anti-social tendencies is to be found in human sympathy. Kropotkin concludes:

Peoples without political organization, and therefore less depraved than ourselves, have perfectly understood that the man who is called ‘criminal’ is simply unfortunate; that the remedy is not to flog him, to chain him up, or to kill him on the scaffold or in prison, but to help him by the most brotherly care, by treatment based on equality, but the usages of life amongst honest men.⁶¹

Anarchists assume that there would be a greater harmony of interests amongst individuals living in a society without government, law and unequal property. But they do not think that everyone would immediately behave in a responsible fashion and there would be no more disputes or conflicts. In place of the force of law, Godwin and Kropotkin recommended the influence of public opinion and mutual censure to reform conduct. There is of course a possibility that the tyranny of public opinion could replace the oppression of law. But while Godwin and Kropotkin allow censure as a form of social control, they insist that people should decide for themselves how they should behave.

Again, in a society where anti-social individuals are considered to be sick and in need of a cure, psychological manipulation can be more coercive and tyrannical than imprisonment. The use of psychiatry to reform dissidents has become notorious in authoritarian societies. Stirner put the problem succinctly: ‘Curative means or healing is only the reverse side of punishment, the theory of cure runs parallel to the theory of punishment; if the latter sees in an action a sin against right, the former takes it for a sin of the man against himself, as a decadence from his health.’⁶²

With their concern for personal autonomy and individual freedom, anarchists more than any other socialists are aware of the inhumanity of both physical punishment and manipulative cure for anti-social members of the community. They look to reasoned argument and friendly treatment to deal with criminals and wish to respect their humanity and individuality.