Sunday 7 July 2013

“Criminal law increasingly protects the criminal and ceases to protect his victim.” –C.S. Lewis


 Criminal law increasingly protects the criminal and ceases to protect his victim. One might fear that we were moving towards a Dictatorship of the Criminals or (what is perhaps the same thing) mere anarchy. But that is not my fear; my fear is almost the opposite.
According to the classical political theory of this country we surrendered our right of self-protection to the State on condition that the State would protect us. Roughly, you promised not to stab your daughter's murderer on the understanding that the State would catch him and hang him. ... At present the very uncomfortable position is this: the State protects us less because it is unwilling to protect us against criminals at home and manifestly grows less and less able to protect us against foreign enemies. At the same time it demands from us more and more. We seldom had fewer rights and liberties nor more burdens: and we get less security in return. While our obligations increase their moral ground is taken away.
And the question that torments me is how long flesh and blood will continue to endure it. ... What I fear, however, is not, or not chiefly, sporadic outbreaks of individual vengeance. I am more afraid, our conditions being so like that of the South after the American Civil War, that some sort of Ku Klux Klan may appear and that this might eventually develop into something like a Right or Central revolution. For those who suffer are chiefly the provident, the resolute, the men who want to work, who have built up, in the face of implacable discouragement, some sort of life worth preserving and wish to preserve it. ... They are not nonentities. There is a point at which their patience will snap.
The Elderly Lady [the judge in a criminal case mentioned earlier], if she read this article, would say I was 'threatening' ... if by the word threat  you imply that I wish for such a result or would willingly contribute to it, then you are wrong. Revolutions seldom cure the evil against which they are directed; they always beget a hundred others. Often they perpetuate the old evil under a new name. We may be sure that, if a Ku Klux Klan arose, its ranks would soon be chiefly filled by the same sort of hooligans who provoked it. A Right or Central revolution would be as hypocritical, filthy and ferocious as any other. My fear is lest we should be making it more probable. 

---

C.S. Lewis, "Delinquents in the Snow," in God in the Dock (1970), first published in Time and Tide, December 1957.

No comments:

Post a Comment