Further!
"And the impotence which requites not, is turned to 'goodness,' craven baseness to meekness, submission to those whom one hates, to obedience (namely, obedience to one of whom they say that he ordered this submission--they call him God). The inoffensive character of the weak, the very cowardice in which he is rich, his standing at the door, his forced necessity of waiting, gain here fine names, such as 'patience,' which is also called 'virtue'; not being able to avenge one's self, is called not wishing to avenge one's self, perhaps even forgiveness (for they know not what they do--we alone know what they do). They also talk of the 'love of their enemies' and sweat thereby."
Further!
"They are miserable, there is no doubt about it, all these whisperers and counterfeiters in the corners, although they try to get warm by crouching close to each other, but they tell me that their misery is a favour and distinction given to them by God, just as one beats the dogs one likes best; that perhaps this misery is also a preparation, a probation, a training; that perhaps it is still more something which will one day be compensated and paid back with a tremendous interest in gold, nay in happiness. This they call 'Blessedness.'"
Further!
"They are now giving me to understand, that not only are they better men than the mighty, the lords of the earth, whose spittle they have got to lick (not out of fear, not at all out of fear! But because God ordains that one should honour all authority)--not only are they better men, but that they also have a 'better time,' at any rate, will one day have a 'better time.' But enough! Enough! I can endure it no longer. Bad air! Bad air! These workshops where ideals are manufactured--verily they reek with the crassest lies."
Nay. Just one minute! You are saying nothing about the masterpieces of these virtuosos of black magic, who can produce whiteness, milk, and innocence out of any black you like: have you not noticed what a pitch of refinement is attained by their chef d'œuvre, their most audacious, subtle, ingenious, and lying artist-trick? Take care! These cellar-beasts, full of revenge and hate--what do they make, forsooth, out of their revenge and hate? Do you hear these words? Would you suspect, if you trusted only their words, that you are among men of resentment and nothing else?
"I understand, I prick my ears up again (ah! ah! ah! and I hold my nose). Now do I hear for the first time that which they have said so often: 'We good, we are the righteous'--what they demand they call not revenge but 'the triumph of righteousness'; what they hate is not their enemy, no, they hate 'unrighteousness,' 'godlessness'; what they believe in and hope is not the hope of revenge, the intoxication of sweet revenge (--"sweeter than honey," did Homer call it?), but the victory of God, of the righteous God over the 'godless'; what is left for them to love in this world is not their brothers in hate, but their 'brothers in love,' as they say, all the good and righteous on the earth."
And how do they name that which serves them as a solace against all the troubles of life--their phantasmagoria of their anticipated future blessedness?
"How? Do I hear right? They call it 'the last judgment,' the advent of their kingdom, 'the kingdom of God'--but in the meanwhile they live 'in faith,' 'in love,' 'in hope.'"
Enough! Enough!
15.
In the faith in what? In the love for what? In the hope of what? These weaklings!--they also, forsooth, wish to be the strong some time; there is no doubt about it, some time their kingdom also must come--"the kingdom of God" is their name for it, as has been mentioned: they are so meek in everything! Yet in order to experience that kingdom it is necessary to live long, to live beyond death,--yes, eternal life is necessary so that one can make up for ever for that earthly life "in faith," "in love," "in hope." Make up for what? Make up by what? Dante, as it seems to me, made a crass mistake when with awe-inspiring ingenuity he placed that inscription over the gate of his hell, "Me too made eternal love": at any rate the following inscription would have a much better right to stand over the gate of the Christian Paradise and its "eternal blessedness"--"Me too made eternal hate"--granted of course that a truth may rightly stand over the gate to a lie! For what is the blessedness of that Paradise? Possibly we could quickly surmise it; but it is better that it should be explicitly attested by an authority who in such matters is not to be disparaged, Thomas of Aquinas, the great teacher and saint. "Beati in regno celesti" says he, as gently as a lamb, "videbunt pœnas damnatorum, ut beatitudo illis magis complaceat." Or if we wish to hear a stronger tone, a word from the mouth of a triumphant father of the Church, who warned his disciples against the cruel ecstasies of the public spectacles--But why? Faith offers us much more,--says he, de Spectac., c. 29 ss.,--something much stronger; thanks to the redemption, joys of quite another kind stand at our disposal; instead of athletes we have our martyrs; we wish for blood, well, we have the blood of Christ--but what then awaits us on the day of his return, of his triumph. And then does he proceed, does this enraptured visionary: "at enim supersunt alia spectacula, ille ultimas et perpetuus judicii dies, ille nationibus insperatus, ille derisus, cum tanta sæculi vetustas et tot ejus nativitates uno igne haurientur. Quæ tunc spectaculi latitudo! Quid admirer! quid rideam! Ubigaudeam! Ubi exultem, spectans tot et tantos reges, qui in cœlum recepti nuntiabantur, cum ipso Jove et ipsis suis testibus in imis tenebris congemescentes! Item præsides" (the provincial governors) "persecutores dominici nominis sævioribus quam ipsi flammis sævierunt insultantibus contra Christianos liquescentes! Quos præterea sapientes illos philosophos coram discipulis suis una conflagrantibus erubescentes, quibus nihil ad deum pertinere suadebant, quibus animas aut nullas aut non in pristina corpora redituras affirmabant! Etiam poetas non ad Rhadamanti nec ad Minois, sed ad inopinati Christi tribunal palpitantes! Tunc magis tragœdi audiendi, magis scilicet vocales" (with louder tones and more violent shrieks) "in sua propria calamitate; tunc histriones cognoscendi, solutiores multo per ignem; tunc spectandus auriga in flammea rota totus rubens, tunc xystici contemplandi non in gymnasiis, sed in igne jaculati, nisi quod ne tunc quidem illos velim vivos, ut qui malim ad eos potius conspectum insatiabilem conferre, qui in dominum scevierunt. Hic est ille, dicam fabri aut quæstuariæ filius" (as is shown by the whole of the following, and in particular by this well-known description of the mother of Jesus from the Talmud, Tertullian is henceforth referring to the Jews), "sabbati destructor, Samarites et dæmonium habens. Hic est quem a Juda redemistis, hic est ille arundine et colaphis diverberatus, sputamentis de decoratus, felle et acete potatus. Hic est, quem clam discentes subripuerunt, ut resurrexisse dicatur vel hortulanus detraxit, ne lactucæ suæ frequentia commeantium laderentur. Ut talia species, ut talibus exultes, quis tibi prætor aut consul aut sacerdos de sua liberalitate prastabit? Et tamen hæc jam habemus quodammodo per fidem spiritu imaginante repræsentata. Ceterum qualia illa sunt, quæ nec oculus vidit nec auris audivit nec in cor hominis ascenderunt?" (I Cor. ii. 9.) "Credo circo et utraque cavea" (first and fourth row, or, according to others, the comic and the tragic stage) "et omni studio gratiora." Per fidem: so stands it written.
16.
Let us come to a conclusion. The two opposing values, "good and bad," "good and evil," have fought a dreadful, thousand-year fight in the world, and though indubitably the second value has been for a long time in the preponderance, there are not wanting places where the fortune of the fight is still undecisive. It can almost be said that in the meanwhile the fight reaches a higher and higher level, and that in the meanwhile it has become more and more intense, and always more and more psychological; so that nowadays there is perhaps no more decisive mark of the higher nature, of the more psychological nature, than to be in that sense self-contradictory, and to be actually still a battleground for those two opposites. The symbol of this fight, written in a writing which has remained worthy of perusal throughout the course of history up to the present time, is called "Rome against Judæa, Judæa against Rome." Hitherto there has been no greater event than that fight, the putting of that question, that deadly antagonism. Rome found in the Jew the incarnation of the unnatural, as though it were its diametrically opposed monstrosity, and in Rome the Jew was held to be convicted of hatred of the whole human race: and rightly so, in so far as it is right to link the well-being and the future of the human race to the unconditional mastery of the aristocratic values, of the Roman values. What, conversely, did the Jews feel against Rome? One can surmise it from a thousand symptoms, but it is sufficient to carry one's mind back to the Johannian Apocalypse, that most obscene of all the written outbursts, which has revenge on its conscience. (One should also appraise at its full value the profound logic of the Christian instinct, when over this very book of hate it wrote the name of the Disciple of Love, that self-same disciple to whom it attributed that impassioned and ecstatic Gospel--therein lurks a portion of truth, however much literary forging may have been necessary for this purpose.) The Romans were the strong and aristocratic; a nation stronger and more aristocratic has never existed in the world, has never even been dreamed of; every relic of them, every inscription enraptures, granted that one can divine what it is that writes the inscription. The Jews, conversely, were that priestly nation of resentment par excellence, possessed by a unique genius for popular morals: just compare with the Jews the nations with analogous gifts, such as the Chinese or the Germans, so as to realise afterwards what is first rate, and what is fifth rate.
Which of them has been provisionally victorious, Rome or Judæa? but there is not a shadow of doubt; just consider to whom in Rome itself nowadays you bow down, as though before the quintessence of all the highest values--and not only in Rome, but almost over half the world, everywhere where man has been tamed or is about to be tamed--to three Jews, as we know, and one Jewess (to Jesus of Nazareth, to Peter the fisher, to Paul the tent-maker, and to the mother of the aforesaid Jesus, named Mary). This is very remarkable: Rome is undoubtedly defeated. At any rate there took place in the Renaissance a brilliantly sinister revival of the classical ideal, of the aristocratic valuation of all things: Rome herself, like a man waking up from a trance, stirred beneath the burden of the new Judaised Rome that had been built over her, which presented the appearance of an œcumenical synagogue and was called the "Church": but immediately Judæa triumphed again, thanks to that fundamentally popular (German and English) movement of revenge, which is called the Reformation, and taking also into account its inevitable corollary, the restoration of the Church--the restoration also of the ancient graveyard peace of classical Rome. Judæa proved yet once more victorious over the classical ideal in the French Revolution, and in a sense which was even more crucial and even more profound: the last political aristocracy that existed in Europe, that of the French seventeenth and eighteenth centuries, broke into pieces beneath the instincts of a resentful populace--never had the world heard a greater jubilation, a more uproarious enthusiasm: indeed, there took place in the midst of it the most monstrous and unexpected phenomenon; the ancient ideal itself swept before the eyes and conscience of humanity with all its life and with unheard-of splendour, and in opposition to resentment's lying war-cry of the prerogative of the most, in opposition to the will to lowliness, abasement, and equalisation, the will to a retrogression and twilight of humanity, there rang out once again, stronger, simpler, more penetrating than ever, the terrible and enchanting counter-warcry of the prerogative of the few! Like a final signpost to other ways, there appeared Napoleon, the most unique and violent anachronism that ever existed, and in him the incarnate problem of the aristocratic ideal in itself--consider well what a problem it is:--Napoleon, that synthesis of Monster and Superman.
17.
Was it therewith over? Was that greatest of all antitheses of ideals thereby relegated ad acta for all time? Or only postponed, postponed for a long time? May there not take place at some time or other a much more awful, much more carefully prepared flaring up of the old conflagration? Further! Should not one wish that consummation with all one's strength?--will it one's self? demand it one's self? He who at this juncture begins, like my readers, to reflect, to think further, will have difficulty in coming quickly to a conclusion,--ground enough for me to come myself to a conclusion, taking it for granted that for some time past what I mean has been sufficiently clear, what I exactly mean by that dangerous motto which is inscribed on the body of my last book: Beyond Good and Evil--at any rate that is not the same as "Beyond Good and Bad."
Note.--I avail myself of the opportunity offered by this treatise to express, openly and formally, a wish which up to the present has only been expressed in occasional conversations with scholars, namely, that some Faculty of philosophy should, by means of a series of prize essays, gain the glory of having promoted the further study of the history of morals--perhaps this book may serve to give forcible impetus in such a direction. With regard to a possibility of this character, the following question deserves consideration. It merits quite as much the attention of philologists and historians as of actual professional philosophers.
"What indication of the history of the evolution of the moral ideas is afforded by philology, and especially by etymological investigation?"
On the other hand, it is of course equally necessary to induce physiologists and doctors to be interested in these problems (of the value of the valuations which have prevailed up to the present): in this connection the professional philosophers may be trusted to act as the spokesmen and intermediaries in these particular instances, after, of course, they have quite succeeded in transforming the relationship between philosophy and physiology and medicine, which is originally one of coldness and suspicion, into the most friendly and fruitful reciprocity. In point of fact, all tables of values, all the "thou shalts" known to history and ethnology, need primarily a physiological, at any rate in preference to a psychological, elucidation and interpretation; all equally require a critique from medical science. The question, "What is the value of this or that table of 'values' and morality?" will be asked from the most varied standpoints. For instance, the question of "valuable for what" can never be analysed with sufficient nicety. That, for instance, which would evidently have value with regard to promoting in a race the greatest possible powers of endurance (or with regard to increasing its adaptability to a specific climate, or with regard to the preservation of the greatest number) would have nothing like the same value, if it were a question of evolving a stronger species. In gauging values, the good of the majority and the good of the minority are opposed standpoints: we leave it to the naïveté of English biologists to regard the former standpoint as intrinsically superior. All the sciences have now to pave the way for the future task of the philosopher; this task being understood to mean, that he must solve the problem of value, that he has to fix the hierarchy of values.
SECOND ESSAY. "GUILT," "BAD CONSCIENCE," AND THE LIKE.
The breeding of an animal that can promise--is not this just that very paradox of a task which nature has set itself in regard to man? Is not this the very problem of man? The fact that this problem has been to a great extent solved, must appear all the more phenomenal to one who can estimate at its full value that force of forgetfulness which works in opposition to it. Forgetfulness is no mere vis inertiæ, as the superficial believe, rather is it a power of obstruction, active and, in the strictest sense of the word, positive--a power responsible for the fact that what we have lived, experienced, taken into ourselves, no more enters into consciousness during the process of digestion (it might be called psychic absorption) than all the whole manifold process by which our physical nutrition, the so-called "incorporation," is carried on. The temporary shutting of the doors and windows of consciousness, the relief from the clamant alarums and excursions, with which our subconscious world of servant organs works in mutual co-operation and antagonism; a little quietude, a little tabula rasa of the consciousness, so as to make room again for the new, and above all for the more noble functions and functionaries, room for government, foresight, predetermination (for our organism is on an oligarchic model)--this is the utility, as I have said, of the active forgetfulness, which is a very sentinel and nurse of psychic order, repose, etiquette; and this shows at once why it is that there can exist no happiness, no gladness, no hope, no pride, no real present, without forgetfulness. The man in whom this preventative apparatus is damaged and discarded, is to be compared to a dyspeptic, and it is something more than a comparison--he can "get rid of" nothing. But this very animal who finds it necessary to be forgetful, in whom, in fact, forgetfulness represents a force and a form of robust health, has reared for himself an opposition-power, a memory, with whose help forgetfulness is, in certain instances, kept in check--in the cases, namely, where promises have to be made;--so that it is by no means a mere passive inability to get rid of a once indented impression, not merely the indigestion occasioned by a once pledged word, which one cannot dispose of, but an active refusal to get rid of it, a continuing and a wish to continue what has once been willed, an actual memory of the will; so that between the original "I will," "I shall do," and the actual discharge of the will, its act, we can easily interpose a world of new strange phenomena, circumstances, veritable volitions, without the snapping of this long chain of the will. But what is the underlying hypothesis of all this? How thoroughly, in order to be able to regulate the future in this way, must man have first learnt to distinguish between necessitated and accidental phenomena, to think causally, to see the distant as present and to anticipate it, to fix with certainty what is the end, and what is the means to that end; above all, to reckon, to have power to calculate--how thoroughly must man have first become calculable, disciplined, necessitated even for himself and his own conception of himself, that, like a man entering into a promise, he could guarantee himself as a future.
This is simply the long history of the origin of responsibility. That task of breeding an animal which can make promises, includes, as we have already grasped, as its condition and preliminary, the more immediate task of first making man to a certain extent, necessitated, uniform, like among his like, regular, and consequently calculable. The immense work of what I have called, "morality of custom" (cp. Dawn of Day, Aphs. 9, 14, and 16), the actual work of man on himself during the longest period of the human race, his whole prehistoric work, finds its meaning, its great justification (in spite of all its innate hardness, despotism, stupidity, and idiocy) in this fact: man, with the help of the morality of customs and of social strait-waistcoats, was made genuinely calculable. If, however, we place ourselves at the end of this colossal process, at the point where the tree finally matures its fruits, when society and its morality of custom finally bring to light that to which it was only the means, then do we find as the ripest fruit on its tree the sovereign individual, that resembles only himself, that has got loose from the morality of custom, the autonomous "super-moral" individual (for "autonomous" and "moral" are mutually-exclusive terms),--in short, the man of the personal, long, and independent will, competent to promise, and we find in him a proud consciousness (vibrating in every fibre), of what has been at last achieved and become vivified in him, a genuine consciousness of power and freedom, a feeling of human perfection in general. And this man who has grown to freedom, who is really competent to promise, this lord of the free will, this sovereign--how is it possible for him not to know how great is his superiority over everything incapable of binding itself by promises, or of being its own security, how great is the trust, the awe, the reverence that he awakes--he "deserves" all three--not to know that with this mastery over himself he is necessarily also given the mastery over circumstances, over nature, over all creatures with shorter wills, less reliable characters? The "free" man, the owner of a long unbreakable will, finds in this possession his standard of value: looking out from himself upon the others, he honours or he despises, and just as necessarily as he honours his peers, the strong and the reliable (those who can bind themselves by promises),--that is, every one who promises like a sovereign, with difficulty, rarely and slowly, who is sparing with his trusts but confers honour by the very fact of trusting, who gives his word as something that can be relied on, because he knows himself strong enough to keep it even in the teeth of disasters, even in the "teeth of fate,"--so with equal necessity will he have the heel of his foot ready for the lean and empty jackasses, who promise when they have no business to do so, and his rod of chastisement ready for the liar, who already breaks his word at the very minute when it is on his lips. The proud knowledge of the extraordinary privilege of responsibility, the consciousness of this rare freedom, of this power over himself and over fate, has sunk right down to his innermost depths, and has become an instinct, a dominating instinct--what name will he give to it, to this dominating instinct, if he needs to have a word for it? But there is no doubt about it--the sovereign man calls it his conscience.
His conscience?--One apprehends at once that the idea "conscience," which is here seen in its supreme manifestation, supreme in fact to almost the point of strangeness, should already have behind it a long history and evolution. The ability to guarantee one's self with all due pride, and also at the same time to say yes to one's self--that is, as has been said, a ripe fruit, but also a late fruit:--How long must needs this fruit hang sour and bitter on the tree! And for an even longer period there was not a glimpse of such a fruit to to be had--no one had taken it on himself to promise it, although everything on the tree was quite ready for it, and everything was maturing for that very consummation. "How is a memory to be made for the man-animal? How is an impression to be so deeply fixed upon this ephemeral understanding, half dense, and half silly, upon this incarnate forgetfulness, that it will be permanently present?" As one may imagine, this primeval problem was not solved by exactly gentle answers and gentle means; perhaps there is nothing more awful and more sinister in the early history of man than his system of mnemonics. "Something is burnt in so as to remain in his memory: only that which never stops hurting remains in his memory." This is an axiom of the oldest (unfortunately also the longest) psychology in the world. It might even be said that wherever solemnity, seriousness, mystery, and gloomy colours are now found in the life of the men and of nations of the world, there is some survival of that horror which was once the universal concomitant of all promises, pledges, and obligations. The past, the past with all its length, depth, and hardness, wafts to us its breath, and bubbles up in us again, when we become "serious." When man thinks it necessary to make for himself a memory, he never accomplishes it without blood, tortures, and sacrifice; the most dreadful sacrifices and forfeitures (among them the sacrifice of the first-born), the most loathsome mutilation (for instance, castration), the most cruel rituals of all the religious cults (for all religions are really at bottom systems of cruelty)--all these things originate from that instinct which found in pain its most potent mnemonic. In a certain sense the whole of asceticism is to be ascribed to this: certain ideas have got to be made inextinguishable, omnipresent, "fixed," with the object of hypnotising the whole nervous and intellectual system through these "fixed ideas"--and the ascetic methods and modes of life are the means of freeing those ideas from the competition of all other ideas so as to make them "unforgettable." The worse memory man had, the ghastlier the signs presented by his customs; the severity of the penal laws affords in particular a gauge of the extent of man's difficulty in conquering forgetfulness, and in keeping a few primal postulates of social intercourse ever present to the minds of those who were the slaves of every momentary emotion and every momentary desire. We Germans do certainly not regard ourselves as an especially cruel and hard-hearted nation, still less as an especially casual and happy-go-lucky one; but one has only to look at our old penal ordinances in order to realise what a lot of trouble it takes in the world to evolve a "nation of thinkers" (I mean: the European nation which exhibits at this very day the maximum of reliability, seriousness, bad taste, and positiveness, which has on the strength of these qualities a right to train every kind of European mandarin). These Germans employed terrible means to make for themselves a memory, to enable them to master their rooted plebeian instincts and the brutal crudity of those instincts: think of the old German punishments, for instance, stoning (as far back as the legend, the millstone falls on the head of the guilty man), breaking on the wheel (the most original invention and speciality of the German genius in the sphere of punishment), dart-throwing, tearing, or trampling by horses ("quartering"), boiling the criminal in oil or wine (still prevalent in the fourteenth and fifteenth centuries), the highly popular flaying ("slicing into strips"), cutting the flesh out of the breast; think also of the evil-doer being besmeared with honey, and then exposed to the flies in a blazing sun. It was by the help of such images and precedents that man eventually kept in his memory five or six "I will nots" with regard to which he had already given his promise, so as to be able to enjoy the advantages of society--and verily with the help of this kind of memory man eventually attained "reason"! Alas! reason, seriousness, mastery over the emotions, all these gloomy, dismal things which are called reflection, all these privileges and pageantries of humanity: how dear is the price that they have exacted! How much blood and cruelty is the foundation of all "good things"!
But how is it that that other melancholy object, the consciousness of sin, the whole "bad conscience," came into the world? And it is here that we turn back to our genealogists of morals. For the second time I say--or have I not said it yet?--that they are worth nothing. Just their own five-spans-long limited modern experience; no knowledge of the past, and no wish to know it; still less a historic instinct, a power of "second sight" (which is what is really required in this case)--and despite this to go in for the history of morals. It stands to reason that this must needs produce results which are removed from the truth by something more than a respectful distance.
Have these current genealogists of morals ever allowed themselves to have even the vaguest notion, for instance, that the cardinal moral idea of "ought" originates from the very material idea of "owe"? Or that punishment developed as a retaliation absolutely independently of any preliminary hypothesis of the freedom or determination of the will?--And this to such an extent, that a high degree of civilisation was always first necessary for the animal man to begin to make those much more primitive distinctions of "intentional," "negligent," "accidental," "responsible," and their contraries, and apply them in the assessing of punishment. That idea--"the wrong-doer deserves punishment because he might have acted otherwise," in spite of the fact that it is nowadays so cheap, obvious, natural, and inevitable, and that it has had to serve as an illustration of the way in which the sentiment of justice appeared on earth, is in point of fact an exceedingly late, and even refined form of human judgment and inference; the placing of this idea back at the beginning of the world is simply a clumsy violation of the principles of primitive psychology. Throughout the longest period of human history punishment was never based on the responsibility of the evil-doer for his action, and was consequently not based on the hypothesis that only the guilty should be punished;--on the contrary, punishment was inflicted in those days for the same reason that parents punish their children even nowadays, out of anger at an injury that they have suffered, an anger which vents itself mechanically on the author of the injury--but this anger is kept in bounds and modified through the idea that every injury has somewhere or other its equivalent price, and can really be paid off, even though it be by means of pain to the author. Whence is it that this ancient deep-rooted and now perhaps ineradicable idea has drawn its strength, this idea of an equivalency between injury and pain? I have already revealed its origin, in the contractual relationship between creditor and ower, that is as old as the existence of legal rights at all, and in its turn points back to the primary forms of purchase, sale, barter, and trade.
The realisation of these contractual relations excites, of course (as would be already expected from our previous observations), a great deal of suspicion and opposition towards the primitive society which made or sanctioned them. In this society promises will be made; in this society the object is to provide the promiser with a memory; in this society, so may we suspect, there will be full scope for hardness, cruelty, and pain: the "ower," in order to induce credit in his promise of repayment, in order to give a guarantee of the earnestness and sanctity of his promise, in order to drill into his own conscience the duty, the solemn duty, of repayment, will, by virtue of a contract with his creditor to meet the contingency of his not paying, pledge something that he still possesses, something that he still has in his power, for instance, his life or his wife, or his freedom or his body (or under certain religious conditions even his salvation, his soul's welfare, even his peace in the grave; so in Egypt, where the corpse of the ower found even in the grave no rest from the creditor--of course, from the Egyptian standpoint, this peace was a matter of particular importance). But especially has the creditor the power of inflicting on the body of the ower all kinds of pain and torture--the power, for instance, of cutting off from it an amount that appeared proportionate to the greatness of the debt;--this point of view resulted in the universal prevalence at an early date of precise schemes of valuation, frequently horrible in the minuteness and meticulosity of their application, legally sanctioned schemes of valuation for individual limbs and parts of the body. I consider it as already a progress, as a proof of a freer, less petty, and more Roman conception of law, when the Roman Code of the Twelve Tables decreed that it was immaterial how much or how little the creditors in such a contingency cut off, "si plus minusve secuerunt, ne fraude esto." Let us make the logic of the whole of this equalisation process clear; it is strange enough. The equivalence consists in this: instead of an advantage directly compensatory of his injury (that is, instead of an equalisation in money, lands, or some kind of chattel), the creditor is granted by way of repayment and compensation a certain sensation of satisfaction--the satisfaction of being able to vent, without any trouble, his power on one who is powerless, the delight "de faire le mal pour le plaisir de le faire," the joy in sheer violence: and this joy will be relished in proportion to the lowness and humbleness of the creditor in the social scale, and is quite apt to have the effect of the most delicious dainty, and even seem the foretaste of a higher social position. Thanks to the punishment of the "ower," the creditor participates in the rights of the masters. At last he too, for once in a way, attains the edifying consciousness of being able to despise and ill-treat a creature--as an "inferior"--or at any rate of seeing him being despised and ill-treated, in case the actual power of punishment, the administration of punishment, has already become transferred to the "authorities." The compensation consequently consists in a claim on cruelty and a right to draw thereon.
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