Part 18

"Die fröhliche Wissenschaft," § 377.

"Die fröhliche Wissenschaft," § 343.

CRIME AND PUNISHMENT

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

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

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

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

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

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

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

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

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

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

"Zur Genealogie der Moral," II, § 3.

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

"Zur Genealogie der Moral," II, § 8.

"Zur Genealogie der Moral," II, § 9.

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

XII

EDUCATION

Education, as everyone knows, has two main objects: to impart knowledge and to implant culture. It is the object of a teacher, first of all, to bring before his pupil as many concrete facts about the universe--the fruit of long ages of inquiry and experience--as the latter may be capable of absorbing in the time available. After that, it is the teacher's aim to make his pupil's habits of mind sane, healthy and manly, and his whole outlook upon life that of a being conscious of his efficiency and eager and able to solve new problems as they arise. The educated man, in a word, is one who knows a great deal more than the average man and is constantly increasing his area of knowledge, in a sensible, orderly logical fashion; one who is wary of sophistry and leans automatically and almost instinctively toward clear thinking.

Such is the purpose of education, in its ideal aspect. As we observe the science of teaching in actual practice, we find that it often fails utterly to attain this end. The concrete facts that a student learns at the average school are few and unconnected, and instead of being led into habits of independent thinking he is trained to accept authority. When he takes his degree it is usually no more than a sign that he has joined the herd. His opinion of Napoleon is merely a reflection of the opinion expressed in the books he has studied; his philosophy of life is simply the philosophy of his teacher--tinctured a bit, perhaps, by that of his particular youthful idols. He knows how to spell a great many long words and he is familiar with the table of logarithms, but in the readiness and accuracy of his mental processes he has made comparatively little progress. If he was illogical and credulous and a respecter of authority as a freshman he remains much the same as a graduate. In consequence, his usefulness to humanity has been increased but little, if at all, for, as we have seen in previous chapters, the only man whose life is appreciably more valuable than that of a good cow is the man who thinks for himself, clearly and logically, and lends some sort of hand, during his life-time, in the eternal search for the ultimate verities.

The cause for all this lies, no doubt, in the fact that school teachers, taking them by and large, are probably the most ignorant and stupid class of men in the whole group of mental workers. Imitativeness being the dominant impulse in youth, their pupils acquire some measure of their stupidity, and the result is that the influence of the whole teaching tribe is against everything included in genuine education and culture.

That this is true is evident on the surface and a moment's analysis furnishes a multitude of additional proofs. For one thing, a teacher, before he may begin work, must sacrifice whatever independence may survive within him upon the altar of authority. He becomes a cog in the school wheel and must teach only the things countenanced and approved by the powers above him, whether those powers be visible in the minister of education, as in Germany; in the traditions of the school, as in England, or in the private convictions of the millionaire who provides the cash, as in the United States. As Nietzsche points out, the schoolman's thirst for the truth is always conditioned by his yearning for food and drink and a comfortable bed. His archetype is the university philosopher, who accepts the state's pay and so surrenders that liberty to inquire freely which alone makes philosophy worth while.

"No state," says Nietzsche, "would ever dare to patronize such men as Plato and Schopenhauer. And why? Simply because the state is always afraid of them. They tell the truth.... Consequently, the man who submits to be a philosopher in the pay of the state must also submit to being looked upon by the state as one who has waived his claim to pursue the truth into all its fastnesses. So long as he holds his place, he must acknowledge something still higher than the truth--and that is the state....

"The sole criticism of a philosophy which is possible and the only one which proves anything--namely, an attempt to live according to it--is never put forward in the universities. There the only thing one hears of is a wordy criticism of words. And so the youthful mind, without much experience in life, is confronted by fifty verbal systems and fifty criticisms of them, thrown together and hopelessly jumbled. What demoralization! What a mockery of education! It is openly acknowledged, in fact, that the object of education is not the acquirement of learning, but the successful meeting of examinations. No wonder then, that the examined student says to himself 'Thank God, I am not a philosopher, but a Christian and a citizen!...'

"Therefore, I regard it as necessary to progress that we withdraw from philosophy all governmental and academic recognition and support.... Let philosophers spring up naturally, deny them every prospect of appointment, tickle them no longer with salaries--yea, persecute them! Then you will see marvels! They will then flee afar and seek a roof anywhere. Here a parsonage will open its doors; there a schoolhouse. One will appear upon the staff of a newspaper, another will write manuals for young ladies' schools. The most rational of them will put his hand to the plough and the vainest will seek favor at court. Thus we shall get rid of bad philosophers."

The argument here is plain enough. The professional teacher must keep to his rut. The moment he combats the existing order of things he loses his place. Therefore he is wary, and his chief effort is to transmit the words of authority to his pupils unchanged. Whether he be a philosopher, properly so-called, or something else matters not. In a medical school wherein Chauveau's theory of immunity was still maintained it would be hazardous for a professor of pathology to teach the theory of Ehrlich. In a Methodist college in Indiana it would be foolhardy to dally with the doctrine of apostolic succession. Everywhere the teacher must fashion his teachings according to the creed and regulations of his school and he must even submit to authority in such matters as text books and pedagogic methods. Again, his very work itself makes him an unconscious partisan of authority, as against free inquiry. During the majority of his waking hours he is in close association with his pupils, who are admittedly his inferiors, and so he rapidly acquires the familiar, self-satisfied professorial attitude of mind. Other forces tend to push him in the same direction and the net result is that all his mental processes are based upon ideas of authority. He believes and teaches a thing, not because he is convinced by free reasoning that it is true, but because it is laid down as an axiom in some book or was laid down at some past time, by himself.