Part 4

It is then in this sphere of the law of contract that we find the cradle of the whole moral world of the ideas of "guilt," "conscience," "duty," the "sacredness of duty,"--their commencement, like the commencement of all great things in the world, is thoroughly and continuously saturated with blood. And should we not add that this world has never really lost a certain savour of blood and torture (not even in old Kant; the categorical imperative reeks of cruelty). It was in this sphere likewise that there first became formed that sinister and perhaps now indissoluble association of the ideas of "guilt" and "suffering." To put the question yet again, why can suffering be a compensation for "owing"?--Because the infliction of suffering produces the highest degree of happiness, because the injured party will get in exchange for his loss (including his vexation at his loss) an extraordinary counter-pleasure: the infliction of suffering--a real feast, something that, as I have said, was all the more appreciated the greater the paradox created by the rank and social status of the creditor. These observations are purely conjectural; for, apart from the painful nature of the task, it is hard to plumb such profound depths: the clumsy introduction of the idea of "revenge" as a connecting-link simply hides and obscures the view instead of rendering it clearer (revenge itself simply leads back again to the identical problem--"How can the infliction of suffering be a satisfaction?"). In my opinion it is repugnant to the delicacy, and still more to the hypocrisy of tame domestic animals (that is, modern men; that is, ourselves), to realise with all their energy the extent to which cruelty constituted the great joy and delight of ancient man, was an ingredient which seasoned nearly all his pleasures, and conversely the extent of the naïveté and innocence with which he manifested his need for cruelty, when he actually made as a matter of principle "disinterested malice" (or, to use Spinoza's expression, the sympathia malevolens) into a normal characteristic of man--as consequently something to which the conscience says a hearty yes. The more profound observer has perhaps already had sufficient opportunity for noticing this most ancient and radical joy and delight of mankind; in Beyond Good and Evil, Aph. 188 (and even earlier, in The Dawn of Day, Aphs. 18, 77, 113), I have cautiously indicated the continually growing spiritualisation and "deification" of cruelty, which pervades the whole history of the higher civilisation (and in the larger sense even constitutes it). At any rate the time is not so long past when it was impossible to conceive of royal weddings and national festivals on a grand scale, without executions, tortures, or perhaps an auto-da-fé", or similarly to conceive of an aristocratic household, without a creature to serve as a butt for the cruel and malicious baiting of the inmates. (The reader will perhaps remember Don Quixote at the court of the Duchess: we read nowadays the whole of Don Quixote with a bitter taste in the mouth, almost with a sensation of torture, a fact which would appear very strange and very incomprehensible to the author and his contemporaries--they read it with the best conscience in the world as the gayest of books; they almost died with laughing at it.) The sight of suffering does one good, the infliction of suffering does one more good--this is a hard maxim, but none the less a fundamental maxim, old, powerful, and "human, all-too-human"; one, moreover, to which perhaps even the apes as well would subscribe: for it is said that in inventing bizarre cruelties they are giving abundant proof of their future humanity, to which, as it were, they are playing the prelude. Without cruelty, no feast: so teaches the oldest and longest history of man--and in punishment too is there so much of the festive.

Entertaining, as I do, these thoughts, I am, let me say in parenthesis, fundamentally opposed to helping our pessimists to new water for the discordant and groaning mills of their disgust with life; on the contrary, it should be shown specifically that, at the time when mankind was not yet ashamed of its cruelty, life in the world was brighter than it is nowadays when there are pessimists. The darkening of the heavens over man has always increased in proportion to the growth of man's shame before man. The tired pessimistic outlook, the mistrust of the riddle of life, the icy negation of disgusted ennui, all those are not the signs of the most evil age of the human race: much rather do they come first to the light of day, as the swamp-flowers, which they are, when the swamp to which they belong, comes into existence--I mean the diseased refinement and moralisation, thanks to which the "animal man" has at last learnt to be ashamed of all his instincts. On the road to angelhood (not to use in this context a harder word) man has developed that dyspeptic stomach and coated tongue, which have made not only the joy and innocence of the animal repulsive to him, but also life itself:--so that sometimes he stands with stopped nostrils before his own self, and, like Pope Innocent the Third, makes a black list of his own horrors ("unclean generation, loathsome nutrition when in the maternal body, badness of the matter out of which man develops, awful stench, secretion of saliva, urine, and excrement"). Nowadays, when suffering is always trotted out as the first argument against existence, as its most sinister query, it is well to remember the times when men judged on converse principles because they could not dispense with the infliction of suffering, and saw therein a magic of the first order, a veritable bait of seduction to life.

Perhaps in those days (this is to solace the weaklings) pain did not hurt so much as it does nowadays: any physician who has treated negroes (granted that these are taken as representative of the prehistoric man) suffering from severe internal inflammations which would bring a European, even though he had the soundest constitution, almost to despair, would be in a position to come to this conclusion. Pain has not the same effect with negroes. (The curve of human sensibilities to pain seems indeed to sink in an extraordinary and almost sudden fashion, as soon as one has passed the upper ten thousand or ten millions of over-civilised humanity, and I personally have no doubt that, by comparison with one painful night passed by one single hysterical chit of a cultured woman, the suffering of all the animals taken together who have been put to the question of the knife, so as to give scientific answers, are simply negligible.) We may perhaps be allowed to admit the possibility of the craving for cruelty not necessarily having become really extinct: it only requires, in view of the fact that pain hurts more nowadays, a certain sublimation and subtilisation, it must especially be translated to the imaginative and psychic plane, and be adorned with such smug euphemisms, that even the most fastidious and hypocritical conscience could never grow suspicious of their real nature ("Tragic pity" is one of these euphemisms: another is "les nostalgies de la croix"). What really raises one's indignation against suffering is not suffering intrinsically, but the senselessness of suffering; such a senselessness, however, existed neither in Christianity, which interpreted suffering into a whole mysterious salvation-apparatus, nor in the beliefs of the naive ancient man, who only knew how to find a meaning in suffering from the standpoint of the spectator, or the inflictor of the suffering. In order to get the secret, undiscovered, and unwitnessed suffering out of the world it was almost compulsory to invent gods and a hierarchy of intermediate beings, in short, something which wanders even among secret places, sees even in the dark, and makes a point of never missing an interesting and painful spectacle. It was with the help of such inventions that life got to learn the tour de force, which has become part of its stock-in-trade, the tour de force of self-justification, of the justification of evil; nowadays this would perhaps require other auxiliary devices (for instance, life as a riddle, life as a problem of knowledge). "Every evil is justified in the sight of which a god finds edification," so rang the logic of primitive sentiment--and, indeed, was it only of primitive? The gods conceived as friends of spectacles of cruelty--oh how far does this primeval conception extend even nowadays into our European civilisation! One would perhaps like in this context to consult Luther and Calvin. It is at any rate certain that even the Greeks knew no more piquant seasoning for the happiness of their gods than the joys of cruelty. What, do you think, was the mood with which Homer makes his gods look down upon the fates of men? What final meaning have at bottom the Trojan War and similar tragic horrors? It is impossible to entertain any doubt on the point: they were intended as festival games for the gods, and, in so far as the poet is of a more godlike breed than other men, as festival games also for the poets. It was in just this spirit and no other, that at a later date the moral philosophers of Greece conceived the eyes of God as still looking down on the moral struggle, the heroism, and the self-torture of the virtuous; the Heracles of duty was on a stage, and was conscious of the fact; virtue without witnesses was something quite unthinkable for this nation of actors. Must not that philosophic invention, so audacious and so fatal, which was then absolutely new to Europe, the invention of "free will," of the absolute spontaneity of man in good and evil, simply have been made for the specific purpose of justifying the idea, that the interest of the gods in humanity and human virtue was inexhaustible?

There would never on the stage of this free-will world be a dearth of really new, really novel and exciting situations, plots, catastrophes. A world thought out on completely deterministic lines would be easily guessed by the gods, and would consequently soon bore them--sufficient reason for these friends of the gods, the philosophers, not to ascribe to their gods such a deterministic world. The whole of ancient humanity is full of delicate consideration for the spectator, being as it is a world of thorough publicity and theatricality, which could not conceive of happiness without spectacles and festivals.--And, as has already been said, even in great punishment there is so much which is festive.

The feeling of "ought," of personal obligation (to take up again the train of our inquiry), has had, as we saw, its origin in the oldest and most original personal relationship that there is, the relationship between buyer and seller, creditor and ower: here it was that individual confronted individual, and that individual matched himself against individual. There has not yet been found a grade of civilisation so low, as not to manifest some trace of this relationship. Making prices, assessing values, thinking out equivalents, exchanging--all this preoccupied the primal thoughts of man to such an extent that in a certain sense it constituted thinking itself: it was here that was trained the oldest form of sagacity, it was here in this sphere that we can perhaps trace the first commencement of man's pride, of his feeling of superiority over other animals. Perhaps our word "Mensch" (manas) still expresses just something of this self-pride: man denoted himself as the being who measures values, who values and measures, as the "assessing" animal par excellence. Sale and purchase, together with their psychological concomitants, are older than the origins of any form of social organisation and union: it is rather from the most rudimentary form of individual right that the budding consciousness of exchange, commerce, debt, right, obligation, compensation was first transferred to the rudest and most elementary of the social complexes (in their relation to similar complexes), the habit of comparing force with force, together with that of measuring, of calculating. His eye was now focussed to this perspective; and with that ponderous consistency characteristic of ancient thought, which, though set in motion with difficulty, yet proceeds inflexibly along the line on which it has started, man soon arrived at the great generalisation, "everything has its price, all can be paid for," the oldest and most naive moral canon of justice, the beginning of all "kindness," of all "equity," of all "goodwill," of all "objectivity" in the world. Justice in this initial phase is the goodwill among people of about equal power to come to terms with each other, to come to an understanding again by means of a settlement, and with regard to the less powerful, to compel them to agree among themselves to a settlement.

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" (êlend),--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 væ 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.

10.

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.

11.

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 actual 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 Dühring maintains, only after the act of violation). To talk of intrinsic right and intrinsic wrong is absolutely non-sensical; 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 Dühring'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.--

12.

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 naïveté. 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 cœlo 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 much 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."

13.

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.

14.

This list is certainly not complete; it is obvious that punishment is overloaded with utilities of all kinds. This makes it all the more permissible to eliminate one supposed utility, which passes, at any rate in the popular mind, for its most essential utility, and which is just what even now provides the strongest support for that faith in punishment which is nowadays for many reasons tottering. Punishment is supposed to have the value of exciting in the guilty the consciousness of guilt; in punishment is sought the proper instrumentum of that psychic reaction which becomes known as a "bad conscience," "remorse." But this theory is even, from the point of view of the present, a violation of reality and psychology: and how much more so is the case when we have to deal with the longest period of man's history, his primitive history! Genuine remorse is certainly extremely rare among wrong-doers and the victims of punishment; prisons and houses of correction are not the soil on which this worm of remorse pullulates for choice--this is the unanimous opinion of all conscientious observers, who in many cases arrive at such a judgment with enough reluctance and against their own personal wishes. Speaking generally, punishment hardens and numbs, it produces concentration, it sharpens the consciousness of alienation, it strengthens the power of resistance. When it happens that it breaks the man's energy and brings about a piteous prostration and abjectness, such a result is certainly even less salutary than the average effect of punishment, which is characterised by a harsh and sinister doggedness. The thought of those prehistoric millennia brings us to the unhesitating conclusion, that it was simply through punishment that the evolution of the consciousness of guilt was most forcibly retarded--at any rate in the victims of the punishing power. In particular, let us not underestimate the extent to which, by the very sight of the judicial and executive procedure, the wrong-doer is himself prevented from feeling that his deed, the character of his act, is intrinsically reprehensible: for he sees clearly the same kind of acts practised in the service of justice, and then called good, and practised with a good conscience; acts such as espionage, trickery, bribery, trapping, the whole intriguing and insidious art of the policeman and the informer--the whole system, in fact, manifested in the different kinds of punishment (a system not excused by passion, but based on principle), of robbing, oppressing, insulting, imprisoning, racking, murdering.--All this he sees treated by his judges, not as acts meriting censure and condemnation in themselves, but only in a particular context and application. It was not on this soil that grew the "bad conscience," that most sinister and interesting plant of our earthly vegetation-- in point of fact, throughout a most lengthy period, no suggestion of having to do with a "guilty man" manifested itself in the consciousness of the man who judged and punished. One had merely to deal with an author of an injury, an irresponsible piece of fate. And the man himself, on whom the punishment subsequently fell like a piece of fate, was occasioned no more of an "inner pain" than would be occasioned by the sudden approach of some uncalculated event, some terrible natural catastrophe, a rushing, crushing avalanche against which there is no resistance.

15.

This truth came insidiously enough to the consciousness of Spinoza (to the disgust of his commentators, who (like Kuno Fischer, for instance) give themselves no end of trouble to misunderstand him on this point), when one afternoon (as he sat raking up who knows what memory) he indulged in the question of what was really left for him personally of the celebrated morsus conscientiæ--Spinoza, who had relegated "good and evil" to the sphere of human imagination, and indignantly defended the honour of his "free" God against those blasphemers who affirmed that God did everything sub ratione boni ("but this was tantamount to subordinating God to fate, and would really be the greatest of all absurdities"). For Spinoza the world had returned again to that innocence in which it lay before the discovery of the bad conscience: what, then, had happened to the morsus conscientiæ? "The antithesis of gaudium," said he at last to himself,--"A sadness accompanied by the recollection of a past event which has turned out contrary to all expectation" (Eth. III., Propos. XVIII. Schol. i. ii.). Evil-doers have throughout thousands of years felt when overtaken by punishment exactly like Spinoza, on the subject of their "offence": "here is something which went wrong contrary to my anticipation," not "I ought not to have done this."--They submitted themselves to punishment, just as one submits one's self to a disease, to a misfortune, or to death, with that stubborn and resigned fatalism which gives the Russians, for instance, even nowadays, the advantage over us Westerners, in the handling of life. If at that period there was a critique of action, the criterion was prudence: the real effect of punishment is unquestionably chiefly to be found in a sharpening of the sense of prudence, in a lengthening of the memory, in a will to adopt more of a policy of caution, suspicion, and secrecy; in the recognition that there are many things which are unquestionably beyond one's capacity; in a kind of improvement in self-criticism. The broad effects which can be obtained by punishment in man and beast, are the increase of fear, the sharpening of the sense of cunning, the mastery of the desires: so it is that punishment tames man, but does not make him "better"--it would be more correct even to go so far as to assert the contrary ("Injury makes a man cunning," says a popular proverb: so far as it makes him cunning, it makes him also bad. Fortunately, it often enough makes him stupid).

16.

At this juncture I cannot avoid trying to give a tentative and provisional expression to my own hypothesis concerning the origin of the bad conscience: it is difficult to make it fully appreciated, and it requires continuous meditation, attention, and digestion. I regard the bad conscience as the serious illness which man was bound to contract under the stress of the most radical change which he has ever experienced--that change, when he found himself finally imprisoned within the pale of society and of peace.

Just like the plight of the water-animals, when they were compelled either to become land-animals or to perish, so was the plight of these half-animals, perfectly adapted as they were to the savage life of war, prowling, and adventure--suddenly all their instincts were rendered worthless and "switched off." Henceforward they had to walk on their feet--"carry themselves," whereas heretofore they had been carried by the water: a terrible heaviness oppressed them. They found themselves clumsy in obeying the simplest directions, confronted with this new and unknown world they had no longer their old guides--the regulative instincts that had led them unconsciously to safety--they were reduced, were those unhappy creatures, to thinking, inferring, calculating, putting together causes and results, reduced to that poorest and most erratic organ of theirs, their "consciousness." I do not believe there was ever in the world such a feeling of misery, such a leaden discomfort--further, those old instincts had not immediately ceased their demands! Only it was difficult and rarely possible to gratify them: speaking broadly, they were compelled to satisfy themselves by new and, as it were, hole-and-corner methods. All instincts which do not find a vent without, turn inwards--this is what I mean by the growing "internalisation" of man: consequently we have the first growth in man, of what subsequently was called his soul. The whole inner world, originally as thin as if it had been stretched between two layers of skin, burst apart and expanded proportionately, and obtained depth, breadth, and height, when man's external outlet became obstructed. These terrible bulwarks, with which the social organisation protected itself against the old instincts of freedom (punishments belong pre-eminently to these bulwarks), brought it about that all those instincts of wild, free, prowling man became turned backwards against man himself. Enmity, cruelty, the delight in persecution, in surprises, change, destruction--the turning all these instincts against their own possessors: this is the origin of the "bad conscience." It was man, who, lacking external enemies and obstacles, and imprisoned as he was in the oppressive narrowness and monotony of custom, in his own impatience lacerated, persecuted, gnawed, frightened, and ill-treated himself; it was this animal in the hands of the tamer, which beat itself against the bars of its cage; it was this being who, pining and yearning for that desert home of which it had been deprived, was compelled to create out of its own self, an adventure, a torture-chamber, a hazardous and perilous desert--it was this fool, this homesick and desperate prisoner--who invented the "bad conscience." But thereby he introduced that most grave and sinister illness, from which mankind has not yet recovered, the suffering of man from the disease called man, as the result of a violent breaking from his animal past, the result, as it were, of a spasmodic plunge into a new environment and new conditions of existence, the result of a declaration of war against the old instincts, which up to that time had been the staple of his power, his joy, his formidableness. Let us immediately add that this fact of an animal ego turning against itself, taking part against itself, produced in the world so novel, profound, unheard-of, problematic, inconsistent, and pregnant a phenomenon, that the aspect of the world was radically altered thereby. In sooth, only divine spectators could have appreciated the drama that then began, and whose end baffles conjecture as yet--a drama too subtle, too wonderful, too paradoxical to warrant its undergoing a non-sensical and unheeded performance on some random grotesque planet! Henceforth man is to be counted as one of the most unexpected and sensational lucky shots in the game of the "big baby" of Heracleitus, whether he be called Zeus or Chance--he awakens on his behalf the interest, excitement, hope, almost the confidence, of his being the harbinger and forerunner of something, of man being no end, but only a stage, an interlude, a bridge, a great promise.

17.

It is primarily involved in this hypothesis of the origin of the bad conscience, that that alteration was no gradual and no voluntary alteration, and that it did not manifest itself as an organic adaptation to new conditions, but as a break, a jump, a necessity, an inevitable fate, against which there was no resistance and never a spark of resentment. And secondarily, that the fitting of a hitherto unchecked and amorphous population into a fixed form, starting as it had done in an act of violence, could only be accomplished by acts of violence and nothing else--that the oldest "State" appeared consequently as a ghastly tyranny, a grinding ruthless piece of machinery, which went on working, till this raw material of a semi-animal populace was not only thoroughly kneaded and elastic, but also moulded. I used the word "State": my meaning is self-evident, namely, a herd of blonde beasts of prey, a race of conquerors and masters, which with all its warlike organisation and all its organising power pounces with its terrible claws on a population, in numbers possibly tremendously superior, but as yet formless, as yet nomad. Such is the origin of the "State." That fantastic theory that makes it begin with a contract is, I think, disposed of. He who can command, he who is a master by "nature," he who comes on the scene forceful in deed and gesture--what has he to do with contracts? Such beings defy calculation, they come like fate, without cause, reason, notice, excuse, they are there like the lightning is there, too terrible, too sudden, too convincing, too "different," to be personally even hated. Their work is an instinctive creating and impressing of forms, they are the most involuntary, unconscious artists that there are:--their appearance produces instantaneously a scheme of sovereignty which is live, in which the functions are partitioned and apportioned, in which above all no part is received or finds a place, until pregnant with a "meaning" in regard to the whole. They are ignorant of the meaning of guilt, responsibility, consideration, are these born organisers; in them predominates that terrible artist-egoism, that gleams like brass, and that knows itself justified to all eternity, in its work, even as a mother in her child. It is not in them that there grew the bad conscience, that is elementary--but it would not have grown without them, repulsive growth as it was, it would be missing, had not a tremendous quantity of freedom been expelled from the world by the stress of their hammer-strokes, their artist violence, or been at any rate made invisible and, as it were, latent. This instinct of freedom forced into being latent--it is already clear--this instinct of freedom forced back, trodden back, imprisoned within itself, and finally only able to find vent and relief in itself; this, only this, is the beginning of the "bad conscience."

18.

Beware of thinking lightly of this phenomenon, by reason of its initial painful ugliness. At bottom it is the same active force which is at work on a more grandiose scale in those potent artists and organisers, and builds states, which here, internally, on a smaller and pettier scale and with a retrogressive tendency, makes itself a bad science in the "labyrinth of the breast," to use Goethe's phrase, and which builds negative ideals; it is, I repeat, that identical instinct of freedom (to use my own language, the will to power): only the material, on which this force with all its constructive and tyrannous nature is let loose, is here man himself, his whole old animal self--and not as in the case of that more grandiose and sensational phenomenon, the other man, other men. This secret self-tyranny, this cruelty of the artist, this delight in giving a form to one's self as a piece of difficult, refractory, and suffering material, in burning in a will, a critique, a contradiction, a contempt, a negation; this sinister and ghastly labour of love on the part of a soul, whose will is cloven in two within itself, which makes itself suffer from delight in the infliction of suffering; this wholly active bad conscience has finally (as one already anticipates)--true fountainhead as it is of idealism and imagination--produced an abundance of novel and amazing beauty and affirmation, and perhaps has really been the first to give birth to beauty at all. What would beauty be, forsooth, if its contradiction had not first been presented to consciousness, if the ugly had not first said to itself, "I am ugly"? At any rate, after this hint the problem of how far idealism and beauty can be traced in such opposite ideas as "selflessness," self-denial, self-sacrifice, becomes less problematical; and indubitably in future we shall certainly know the real and original character of the delight experienced by the self-less, the self-denying, the self-sacrificing: this delight is a phase of cruelty.--So much provisionally for the origin of "altruism" as a moral value, and the marking out the ground from which this value has grown: it is only the bad conscience, only the will for self-abuse, that provides the necessary conditions for the existence of altruism as a value.

19.

Undoubtedly the bad conscience is an illness, but an illness like pregnancy is an illness. If we search out the conditions under which this illness reaches its most terrible and sublime zenith, we shall see what really first brought about its entry into the world. But to do this we must take a long breath, and we must first of all go back once again to an earlier point of view. The relation at civil law of the ower to his creditor (which has already been discussed in detail), has been interpreted once again (and indeed in a manner which historically is exceedingly remarkable and suspicious) into a relationship, which is perhaps more incomprehensible to us moderns than to any other era; that is, into the relationship of the existing generation to its ancestors. Within the original tribal association--we are talking of primitive times--each living generation recognises a legal obligation towards the earlier generation, and particularly towards the earliest, which founded the family (and this is something much more than a mere sentimental obligation, the existence of which, during the longest period of man's history, is by no means indisputable). There prevails in them the conviction that it is only thanks to sacrifices and efforts of their ancestors, that the race persists at all--and that this has to be paid back to them by sacrifices and services. Thus is recognised the owing of a debt, which accumulates continually by reason of these ancestors never ceasing in their subsequent life as potent spirits to secure by their power new privileges and advantages to the race. Gratis, perchance? But there is no gratis for that raw and "mean-souled" age. What return can be made?--Sacrifice (at first, nourishment, in its crudest sense), festivals, temples, tributes of veneration, above all, obedience--since all customs are, quâ works of the ancestors, equally their precepts and commands--are the ancestors ever given enough? This suspicion remains and grows: from time to time it extorts a great wholesale ransom, something monstrous in the way of repayment of the creditor (the notorious sacrifice of the first-born, for example, blood, human blood in any case). The fear of ancestors and their power, the consciousness of owing debts to them, necessarily increases, according to this kind of logic, in the exact proportion that the race itself increases, that the race itself becomes more victorious, more independent, more honoured, more feared. This, and not the contrary, is the fact. Each step towards race decay, all disastrous events, all symptoms of degeneration, of approaching disintegration, always diminish the fear of the founders' spirit, and whittle away the idea of his sagacity, providence, and potent presence. Conceive this crude kind of logic carried to its climax: it follows that the ancestors of the most powerful races must, through the growing fear that they exercise on the imaginations, grow themselves into monstrous dimensions, and become relegated to the gloom of a divine mystery that transcends imagination--the ancestor becomes at last necessarily transfigured into a god. Perhaps this is the very origin of the gods, that is, an origin from fear! And those who feel bound to add, "but from piety also," will have difficulty in maintaining this theory, with regard to the primeval and longest period of the human race. And of course this is even more the case as regards the middle period, the formative period of the aristocratic races--the aristocratic races which have given back with interest to their founders, the ancestors (heroes, gods), all those qualities which in the meanwhile have appeared in themselves, that is, the aristocratic qualities. We will later on glance again at the ennobling and promotion of the gods (which of course is totally distinct from their "sanctification"): let us now provisionally follow to its end the course of the whole of this development of the consciousness of "owing."

20.