Excerpt: 'On the Genealogy of Morals' by Friedrich Nietzsche
Ah! bougre de salaud tu m’as appelé vache, Félix Vallotton, 1902
Measured always by the standard of antiquity (this antiquity, moreover, is present or again possible at all periods), the community stands to its members in that important and radical relationship of creditor to his owers.” Man lives in a community, man enjoys the advantages of a community (and what advantages! we occasionally underestimate them nowadays), man lives protected, spared, in peace and trust, secure from certain injuries and enmities, to which the man outside the community, the “peaceless” man, is exposed,—a German understands the original meaning of “Elend” (elend),—secure because he has entered into pledges and obligations to the community in respect of these very injuries and enmities. What happens when this is not the case? The community, the defrauded creditor, will get itself paid, as well as it can, one can reckon on that. In this case the question of the direct damage done by the offender is quite subsidiary: quite apart from this the criminal is above all a breaker, a breaker of word and covenant to the whole, as regards all the advantages and amenities of the communal life in which up to that time he had participated. The criminal is an “ower” who not only fails to repay the advances and advantages that have been given to him, but even sets out to attack his creditor: consequently he is in the future not only, as is fair, deprived of all these advantages and amenities—he is in addition reminded of the importance of those advantages. The wrath of the injured creditor, of the community, puts him back in the wild and outlawed status from which he was previously protected: the community repudiates him—and now every kind of enmity can vent itself on him. Punishment is in this stage of civilisation simply the copy, the mimic, of the normal treatment of the hated, disdained, and conquered enemy, who is not only deprived of every right and protection but of every mercy; so we have the martial law and triumphant festival of the vae victis! in all its mercilessness and cruelty. This shows why war itself (counting the sacrificial cult of war) has produced all the forms under which punishment has manifested itself in history.
As it grows more powerful, the community tends to take the offences of the individual less seriously, because they are now regarded as being much less revolutionary and dangerous to the corporate existence: the evil-doer is no more outlawed and put outside the pale, the common wrath can no longer vent itself upon him with its old licence,—on the contrary, from this very time it is against this wrath, and particularly against the wrath of those directly injured, that the evil-doer is carefully shielded and protected by the community. As, in fact, the penal law develops, the following characteristics become more and more clearly marked: compromise with the wrath of those directly affected by the misdeed; a consequent endeavour to localise the matter and to prevent a further, or indeed a general spread of the disturbance; attempts to find equivalents and to settle the whole matter (compositio); above all, the will, which manifests itself with increasing definiteness, to treat every offence as in a certain degree capable of being paid off, and consequently, at any rate up to a certain point, to isolate the offender from his act. As the power and the self-consciousness of a community increases, so proportionately does the penal law become mitigated; conversely every weakening and jeopardising of the community revives the harshest forms of that law. The creditor has always grown more humane proportionately as he has grown more rich; finally the amount of injury he can endure without really suffering becomes the criterion of his wealth. It is possible to conceive of a society blessed with so great a consciousness of its own power as to indulge in the most aristocratic luxury of letting its wrong-doers go scot-free.—”What do my parasites matter to me?” might society say. “Let them live and flourish! I am strong enough for it.”—The justice which began with the maxim, “Everything can be paid off, everything must be paid off,” ends with connivance at the escape of those who cannot pay to escape—it ends, like every good thing on earth, by destroying itself.— The self-destruction of Justice! we know the pretty name it calls itself—Grace! it remains, as is obvious, the privilege of the strongest, better still, their super-law.
A deprecatory word here against the attempts, that have lately been made, to find the origin of justice on quite another basis—namely, on that of resentment. Let me whisper a word in the ear of the psychologists, if they would fain study revenge itself at close quarters: this plant blooms its prettiest at present among Anarchists and anti-Semites, a hidden flower, as it has ever been, like the violet, though, forsooth, with another perfume. And as like must necessarily emanate from like, it will not be a matter for surprise that it is just in such circles that we see the birth of endeavours (it is their old birthplace—compare above, First Essay, paragraph 14), to sanctify revenge under the name of justice (as though Justice were at bottom merely a development of the consciousness of injury), and thus with the rehabilitation of revenge to reinstate generally and collectively all the reactive emotions. I object to this last point least of all. It even seems meritorious when regarded from the standpoint of the whole problem of biology (from which standpoint the value of these emotions has up to the present been underestimated). And that to which I alone call attention, is the circumstance that it is the spirit of revenge itself, from which develops this new nuance of scientific equity (for the benefit of hate, envy, mistrust, jealousy, suspicion, rancour, revenge). This scientific “equity” stops immediately and makes way for the accents of deadly enmity and prejudice, so soon as another group of emotions comes on the scene, which in my opinion are of a much higher biological value than these reactions, and consequently have a paramount claim to the valuation and appreciation of science: I mean the really active emotions, such as personal and material ambition, and so forth. (E. Dühring, Value of Life; Course of Philosophy, and passim.) So much against this tendency in general: but as for the particular maxim of Dühring’s, that the home of Justice is to be found in the sphere of the reactive feelings, our love of truth compels us drastically to invert his own proposition and to oppose to him this other maxim: the last sphere conquered by the spirit of justice is the sphere of the feeling of reaction! When it really comes about that the just man remains just even as regards his injurer (and not merely cold, moderate, reserved, indifferent: being just is always a positive state); when, in spite of the strong provocation of personal insult, contempt, and calumny, the lofty and clear objectivity of the just and judging eye (whose glance is as profound as it is gentle) is untroubled, why then we have a piece of perfection, a past master of the world—something, in fact, which it would not be wise to expect, and which should not at any rate be too easily believed. Speaking generally, there is no doubt but that even the justest individual only requires a little dose of hostility, malice, or innuendo to drive the blood into his brain and the fairness from it. The active man, the attacking, aggressive man is always a hundred degrees nearer to justice than the man who merely reacts; he certainly has no need to adopt the tactics, necessary in the case of the reacting man, of making false and biassed valuations of his object. It is, in point of fact, for this reason that the aggressive man has at all times enjoyed the stronger, bolder, more aristocratic, and also freer outlook, the better conscience. On the other hand, we already surmise who it really is that has on his conscience the invention of the “bad conscience,”—the resentful man! Finally, let man look at himself in history. In what sphere up to the present has the whole administration of law, the acutal need of law, found its earthly home? Perchance in the sphere of the reacting man? Not for a minute: rather in that of the active, strong, spontaneous, aggressive man? I deliberately defy the above- mentioned agitator (who himself makes this self-confession, “the creed of revenge has run through all my works and endeavours like the red thread of Justice”), and say, that judged historically law in the world represents the very war against the reactive feelings, the very war waged on those feelings by the powers of activity and aggression, which devote some of their strength to damming and keeping within bounds this effervescence of hysterical reactivity, and to forcing it to some compromise. Everywhere where justice is practised and justice is maintained, it is to be observed that the stronger power, when confronted with the weaker powers which are inferior to it (whether they be groups, or individuals), searches for weapons to put an end to the senseless fury of resentment, while it carries on its object, partly by taking the victim of resentment out of the clutches of revenge, partly by substituting for revenge a campaign of its own against the enemies of peace and order, partly by finding, suggesting, and occasionally enforcing settlements, partly by standardising certain equivalents for injuries, to which equivalents the element of resentment is henceforth finally referred. The most drastic measure, however, taken and effectuated by the supreme power, to combat the preponderance of the feelings of spite and vindictiveness—it takes this measure as soon as it is at all strong enough to do so—is the foundation of law, the imperative declaration of what in its eyes is to be regarded as just and lawful, and what unjust and unlawful: and while, after the foundation of law, the supreme power treats the aggressive and arbitrary acts of individuals, or of whole groups, as a violation of law, and a revolt against itself, it distracts the feelings of its subjects from the immediate injury inflicted by such a violation, and thus eventually attains the very opposite result to that always desired by revenge, which sees and recognises nothing but the standpoint of the injured party. From henceforth the eye becomes trained to a more and more impersonal valuation of the deed, even the eye of the injured party himself (though this is in the final stage of all, as has been previously remarked)—on this principle “right” and “wrong” first manifest themselves after the foundation of law (and not, as Duhring maintains, only after the act of violation). To talk of intrinsic right and intrinsic wrong is absolutely nonsensical; intrinsically, an injury, an oppression, an exploitation, an annihilation can be nothing wrong, inasmuch as life is essentially (that is, in its cardinal functions) something which functions by injuring, oppressing, exploiting, and annihilating, and is absolutely inconceivable without such a character. It is necessary to make an even more serious confession:—viewed from the most advanced biological standpoint, conditions of legality can be only exceptional conditions, in that they are partial restrictions of the real life-will, which makes for power, and in that they are subordinated to the life-will’s general end as particular means, that is, as means to create larger units of strength. A legal organisation, conceived of as sovereign and universal, not as a weapon in a fight of complexes of power, but as a weapon against fighting, generally something after the style of Duhring’s communistic model of treating every will as equal with every other will, would be a principle hostile to life, a destroyer and dissolver of man, an outrage on the future of man, a symptom of fatigue, a secret cut to Nothingness.
A word more on the origin and end of punishment—two problems which are or ought to be kept distinct, but which unfortunately are usually lumped into one. And what tactics have our moral genealogists employed up to the present in these cases? Their inveterate naivete. They find out some “end” in the punishment, for instance, revenge and deterrence, and then in all their innocence set this end at the beginning, as the causa fiendi of the punishment, and—they have done the trick. But the patching up of a history of the origin of law is the last use to which the “End in Law” ought to be put. Perhaps there is no more pregnant principle for any kind of history than the following, which, difficult though it is to master, should none the less be mastered in every detail.—The origin of the existence of a thing and its final utility, its practical application and incorporation in a system of ends, are toto caelo opposed to each other—everything, anything, which exists and which prevails anywhere, will always be put to new purposes by a force superior to itself, will be commandeered afresh, will be turned and transformed to new uses; all “happening” in the organic world consists of overpowering and dominating, and again all overpowering and domination is a new interpretation and adjustment, which must necessarily obscure or absolutely extinguish the subsisting “meaning” and “end.” The most perfect comprehension of the utility of any physiological organ (or also of a legal institution, social custom, political habit, form in art or in religious worship) does not for a minute imply any simultaneous comprehension of its origin: this may seem uncomfortable and unpalatable to the older men,—for it has been the immemorial belief that understanding the final cause or the utility of a thing, a form, an institution, means also understanding the reason for its origin: to give an example of this logic, the eye was made to see, the hand was made to grasp. So even punishment was conceived as invented with a view to punishing. But all ends and all utilities are only signs that a Will to Power has mastered a less powerful force, has impressed thereon out of its own self the meaning of a function; and the whole history of a “Thing,” an organ, a custom, can on the same principle be regarded as a continuous “sign-chain” of perpetually new interpretations and adjustments, whose causes, so far from needing to have even a mutual connection, sometimes follow and alternate with each other absolutely haphazard. Similarly, the evolution of a “Thing,” of a custom, is anything but its progressus to an end, still less a logical and direct progressus attained with the minimum expenditure of energy and cost: it is rather the succession of processes of subjugation, more or less profound, more or less mutually independent, which operate on the thing itself; it is, further, the resistance which in each case invariably displayed this subjugation, the Protean wriggles by way of defence and reaction, and, further, the results of successful counter-efforts. The form is fluid, but the meaning is even more so—even inside every individual organism the case is the same: with every genuine growth of the whole, the “function” of the individual organs becomes shifted,—in certain cases a partial perishing of these organs, a diminution of their numbers (for instance, through annihilation of the connecting members), can be a symptom of growing strength and perfection. What I mean is this: even partial loss of utility, decay, and degeneration, loss of function and purpose, in a word, death, appertain to the conditions of the genuine progressus; which always appears in the shape of a will and way to greater power, and is always realised at the expense of innumerable smaller powers. The magnitude of a “progress” is gauged by the greatness of the sacrifice that it requires: humanity as a mass sacrificed to the prosperity of the one stronger species of Man—that would be a progress. I emphasise all the more this cardinal characteristic of the historic method, for the reason that in its essence it runs counter to predominant instincts and prevailing taste, which must prefer to put up with absolute casualness, even with the mechanical senselessness of all phenomena, than with the theory of a power-will, in exhaustive play throughout all phenomena. The democratic idiosyncrasy against everything which rules and wishes to rule, the modern misarchism (to coin a bad word for a bad thing), has gradually but so thoroughly transformed itself into the guise of intellectualism, the most abstract intellectualism, that even nowadays it penetrates and has the right to penetrate step by step into the most exact and apparently the most objective sciences: this tendency has, in fact, in my view already dominated the whole of physiology and biology, and to their detriment, as is obvious, in so far as it has spirited away a radical idea, the idea of true activity. The tyranny of this idiosyncrasy, however, results in the theory of “adaptation” being pushed forward into the van of the argument, exploited; adaptation—that means to say, a second-class activity, a mere capacity for “reacting”; in fact, life itself has been defined (by Herbert Spencer) as an increasingly effective internal adaptation to external circumstances. This definition, however, fails to realise the real essence of life, its will to power. It fails to appreciate the paramount superiority enjoyed by those plastic forces of spontaneity, aggression, and encroachment with their new interpretations and tendencies, to the operation of which adaptation is only a natural corollary: consequently the sovereign office of the highest functionaries in the organism itself (among which the life-will appears as an active and formative principle) is repudiated. One remembers Huxley’s reproach to Spencer of his “administrative Nihilism”: but it is a case of something much more than “administration.”
To return to our subject, namely punishment, we must make consequently a double distinction: first, the relatively permanent element, the custom, the act, the “drama,” a certain rigid sequence of methods of procedure; on the other hand, the fluid element, the meaning, the end, the expectation which is attached to the operation of such procedure. At this point we immediately assume, per analogiam (in accordance with the theory of the historic method, which we have elaborated above), that the procedure itself is something older and earlier than its utilisation in punishment, that this utilisation was introduced and interpreted into the procedure (which had existed for a long time, but whose employment had another meaning), in short, that the case is different from that hitherto supposed by our naïf genealogists of morals and of law, who thought that the procedure was invented for the purpose of punishment, in the same way that the hand had been previously thought to have been invented for the purpose of grasping. With regard to the other element in punishment, its fluid element, its meaning, the idea of punishment in a very late stage of civilisation (for instance, contemporary Europe) is not content with manifesting merely one meaning, but manifests a whole synthesis “of meanings.” The past general history of punishment, the history of its employment for the most diverse ends, crystallises eventually into a kind of unity, which is difficult to analyse into its parts, and which, it is necessary to emphasise, absolutely defies definition. (It is nowadays impossible to say definitely the precise reason for punishment: all ideas, in which a whole process is promiscuously comprehended, elude definition; it is only that which has no history, which can be defined.) At an earlier stage, on the contrary, that synthesis of meanings appears much less rigid and much more elastic; we can realise how in each individual case the elements of the synthesis change their value and their position, so that now one element and now another stands out and predominates over the others, nay, in certain cases one element (perhaps the end of deterrence) seems to eliminate all the rest. At any rate, so as to give some idea of the uncertain, supplementary, and accidental nature of the meaning of punishment and of the manner in which one identical procedure can be employed and adapted for the most diametrically opposed objects, I will at this point give a scheme that has suggested itself to me, a scheme itself based on comparatively small and accidental material.—Punishment, as rendering the criminal harmless and incapable of further injury.—Punishment, as compensation for the injury sustained by the injured party, in any form whatsoever (including the form of sentimental compensation).—Punishment, as an isolation of that which disturbs the equilibrium, so as to prevent the further spreading of the disturbance.—Punishment as a means of inspiring fear of those who determine and execute the punishment.—Punishment as a kind of compensation for advantages which the wrong-doer has up to that time enjoyed (for example, when he is utilised as a slave in the mines).—Punishment, as the elimination of an element of decay (sometimes of a whole branch, as according to the Chinese laws, consequently as a means to the purification of the race, or the preservation of a social type).—Punishment as a festival, as the violent oppression and humiliation of an enemy that has at last been subdued.—Punishment as a mnemonic, whether for him who suffers the punishment—the so-called “correction,” or for the witnesses of its administration.—Punishment, as the payment of a fee stipulated for by the power which protects the evil-doer from the excesses of revenge.— Punishment, as a compromise with the natural phenomenon of revenge, in so far as revenge is still maintained and claimed as a privilege by the stronger races.—Punishment as a declaration and measure of war against an enemy of peace, of law, of order, of authority, who is fought by society with the weapons which war provides, as a spirit dangerous to the community, as a breaker of the contract on which the community is based, as a rebel, a traitor, and a breaker of the peace.
Piece excerpted from The Genealogy of Morals by Friedrich Nietzsche, 1887