We see this in the vague extension of punishments like imprisonment; often the very reformers who admit that prison is bad for people propose to reform them by a little more of it. We see it in panic legislation like that after the White Slave scare, when the torture of flogging was revived for all sorts of ill defined and vague and variegated types of men. Our fathers were never so mad, even when they were torturers. They stretched the man out on the rack. They did not stretch the rack out, as we are doing. When men went witch-burning they may have seen witches everywhere--because their minds were fixed on witchcraft. But they did not see things to burn everywhere, because their minds were unfixed. While tying some very unpopular witch to the stake, with the firm conviction that she was a spiritual tyranny and pestilence, they did not say to each other, "A little burning is what my Aunt Susan wants, to cure her of back-biting," or "Some of these faggots would do your Cousin James good, and teach him to play with poor girls' affections."
Now the name of all this is Anarchy. It not only does not know what it wants, but it does not even know what it hates. It multiplies excessively in the more American sort of English newspapers. When this new sort of New Englander burns a witch the whole prairie catches fire. These people have not the decision and detachment of the doctrinal ages. They cannot do a monstrous action and still see it is monstrous. Wherever they make a stride they make a rut. They cannot stop their own thoughts, though their thoughts are pouring into the pit.
A final instance, which can be sketched much more briefly, can be found in this general fact: that the definition of almost every crime has become more and more indefinite, and spreads like a flattening and thinning cloud over larger and larger landscapes. Cruelty to children, one would have thought, was a thing about as unmistakable, unusual and appalling as parricide. In its application it has come to cover almost every negligence that can occur in a needy household. The only distinction is, of course, that these negligences are punished in the poor, who generally can't help them, and not in the rich, who generally can. But that is not the point I am arguing just now. The point here is that a crime we all instinctively connect with Herod on the bloody night of Innocents has come precious near being attributable to Mary and Joseph when they lost their child in the Temple. In the light of a fairly recent case (the confessedly kind mother who was lately jailed because her confessedly healthy children had no water to wash in) no one, I think, will call this an illegitimate literary exaggeration. Now this is exactly as if all the horror and heavy punishment, attached in the simplest tribes to parricide, could now be used against any son who had done any act that could colourably be supposed to have worried his father, and so affected his health. Few of us would be safe.
Another case out of hundreds is the loose extension of the idea of libel. Libel cases bear no more trace of the old and just anger against the man who bore false witness against his neighbour than "cruelty" cases do of the old and just horror of the parents that hated their own flesh. A libel case has become one of the sports of the less athletic rich--a variation on _baccarat_, a game of chance. A music-hall actress got damages for a song that was called "vulgar," which is as if I could fine or imprison my neighbour for calling my handwriting "rococo." A politician got huge damages because he was said to have spoken to children about Tariff Reform; as if that seductive topic would corrupt their virtue, like an indecent story. Sometimes libel is defined as anything calculated to hurt a man in his business; in which case any new tradesman calling himself a grocer slanders the grocer opposite. All this, I say, is Anarchy; for it is clear that its exponents possess no power of distinction, or sense of proportion, by which they can draw the line between calling a woman a popular singer and calling her a bad lot; or between charging a man with leading infants to Protection and leading them to sin and shame. But the vital point to which to return is this. That it is not necessarily, nor even specially, an anarchy in the populace. It is an anarchy in the organ of government. It is the magistrates--voices of the governing class--who cannot distinguish between cruelty and carelessness. It is the judges (and their very submissive special juries) who cannot see the difference between opinion and slander. And it is the highly placed and highly paid experts who have brought in the first Eugenic Law, the Feeble-Minded Bill--thus showing that they can see no difference between a mad and a sane man.
That, to begin with, is the historic atmosphere in which this thing was born. It is a peculiar atmosphere, and luckily not likely to last. Real progress bears the same relation to it that a happy girl laughing bears to an hysterical girl who cannot stop laughing. But I have described this atmosphere first because it is the only atmosphere in which such a thing as the Eugenist legislation could be proposed among men. All other ages would have called it to some kind of logical account, however academic or narrow. The lowest sophist in the Greek schools would remember enough of Socrates to force the Eugenist to tell him (at least) whether Midias was segregated because he was curable or because he was incurable. The meanest Thomist of the medival monasteries would have the sense to see that you cannot discuss a madman when you have not discussed a man. The most owlish Calvinist commentator in the seventeenth century would ask the Eugenist to reconcile such Bible texts as derided fools with the other Bible texts that praised them. The dullest shopkeeper in Paris in 1790 would have asked what were the Rights of Man, if they did not include the rights of the lover, the husband, and the father. It is only in our own London Particular (as Mr. Guppy said of the fog) that small figures can loom so large in the vapour, and even mingle with quite different figures, and have the appearance of a mob. But, above all, I have dwelt on the telescopic quality in these twilight avenues, because unless the reader realises how elastic and unlimited they are, he simply will not believe in the abominations we have to combat.
One of those wise old fairy tales, that come from nowhere and flourish everywhere, tells how a man came to own a small magic machine like a coffee-mill, which would grind anything he wanted when he said one word and stop when he said another. After performing marvels (which I wish my conscience would let me put into this book for padding) the mill was merely asked to grind a few grains of salt at an officers' mess on board ship; for salt is the type everywhere of small luxury and exaggeration, and sailors' tales should be taken with a grain of it. The man remembered the word that started the salt mill, and then, touching the word that stopped it, suddenly remembered that he forgot. The tall ship sank, laden and sparkling to the topmasts with salt like Arctic snows; but the mad mill was still grinding at the ocean bottom, where all the men lay drowned. And that (so says this fairy tale) is why the great waters about our world have a bitter taste. For the fairy tales knew what the modern mystics don't--that one should not let loose either the supernatural or the natural.
CHAPTER IV
THE LUNATIC AND THE LAW
The modern evil, we have said, greatly turns on this: that people do not see that the exception proves the rule. Thus it may or may not be right to kill a murderer; but it can only conceivably be right to kill a murderer because it is wrong to kill a man. If the hangman, having got his hand in, proceeded to hang friends and relatives to his taste and fancy, he would (intellectually) unhang the first man, though the first man might not think so. Or thus again, if you say an insane man is irresponsible, you imply that a sane man is responsible. He is responsible for the insane man. And the attempt of the Eugenists and other fatalists to treat all men as irresponsible is the largest and flattest folly in philosophy. The Eugenist has to treat everybody, including himself, as an exception to a rule that isn't there.
The Eugenists, as a first move, have extended the frontiers of the lunatic asylum: let us take this as our definite starting point, and ask ourselves what lunacy is, and what is its fundamental relation to human society. Now that raw juvenile scepticism that clogs all thought with catchwords may often be heard to remark that the mad are only the minority, the sane only the majority. There is a neat exactitude about such people's n
onsense; they seem to miss the point by magic. The mad are not a minority because they are not a corporate body; and that is what their madness means. The sane are not a majority; they are mankind. And mankind (as its name would seem to imply) is a _kind_, not a degree. In so far as the lunatic differs, he differs from all minorities and majorities in kind. The madman who thinks he is a knife cannot go into partnership with the other who thinks he is a fork. There is no trysting place outside reason; there is no inn on those wild roads that are beyond the world.
The madman is not he that defies the world. The saint, the criminal, the martyr, the cynic, the nihilist may all defy the world quite sanely. And even if such fanatics would destroy the world, the world owes them a strictly fair trial according to proof and public law. But the madman is not the man who defies the world; he is the man who _denies_ it. Suppose we are all standing round a field and looking at a tree in the middle of it. It is perfectly true that we all see it (as the decadents say) in infinitely different aspects: that is not the point; the point is that we all say it is a tree. Suppose, if you will, that we are all poets, which seems improbable; so that each of us could turn his aspect into a vivid image distinct from a tree. Suppose one says it looks like a green cloud and another like a green fountain, and a third like a green dragon and the fourth like a green cheese. The fact remains: that they all say it _looks_ like these things. It is a tree. Nor are any of the poets in the least mad because of any opinions they may form, however frenzied, about the functions or future of the tree. A conservative poet may wish to clip the tree; a revolutionary poet may wish to burn it. An optimist poet may want to make it a Christmas tree and hang candles on it. A pessimist poet may want to hang himself on it. None of these are mad, because they are all talking about the same thing. But there is another man who is talking horribly about something else. There is a monstrous exception to mankind. Why he is so we know not; a new theory says it is heredity; an older theory says it is devils. But in any case, the spirit of it is the spirit that denies, the spirit that really denies realities. This is the man who looks at the tree and does not say it looks like a lion, but says that it _is_ a lamp-post.
I do not mean that all mad delusions are as concrete as this, though some are more concrete. Believing your own body is glass is a more daring denial of reality than believing a tree is a glass lamp at the top of a pole. But all true delusions have in them this unalterable assertion--that what is not is. The difference between us and the maniac is not about how things look or how things ought to look, but about what they self-evidently are. The lunatic does not say that he ought to be King; Perkin Warbeck might say that. He says he is King. The lunatic does not say he is as wise as Shakespeare; Bernard Shaw might say that. The lunatic says he _is_ Shakespeare. The lunatic does not say he is divine in the same sense as Christ; Mr. R.J. Campbell would say that. The lunatic says he _is_ Christ. In all cases the difference is a difference about what is there; not a difference touching what should be done about it.
For this reason, and for this alone, the lunatic is outside public law. This is the abysmal difference between him and the criminal. The criminal admits the facts, and therefore permits us to appeal to the facts. We can so arrange the facts around him that he may really understand that agreement is in his own interests. We can say to him, "Do not steal apples from this tree, or we will hang you on that tree." But if the man really thinks one tree is a lamp-post and the other tree a Trafalgar Square fountain, we simply cannot treat with him at all. It is obviously useless to say, "Do not steal apples from this lamp-post, or I will hang you on that fountain." If a man denies the facts, there is no answer but to lock him up. He cannot speak our language: not that varying verbal language which often misses fire even with us, but that enormous alphabet of sun and moon and green grass and blue sky in which alone we meet, and by which alone we can signal to each other. That unique man of genius, George Macdonald, described in one of his weird stories two systems of space co-incident; so that where I knew there was a piano standing in a drawing-room you knew there was a rose-bush growing in a garden. Something of this sort is in small or great affairs the matter with the madman. He cannot have a vote, because he is the citizen of another country. He is a foreigner. Nay, he is an invader and an enemy; for the city he lives in has been super-imposed on ours.
Now these two things are primarily to be noted in his case. First, that we can only condemn him to a _general_ doom, because we only know his _general_ nature. All criminals, who do particular things for particular reasons (things and reasons which, however criminal, are always comprehensible), have been more and more tried for such separate actions under separate and suitable laws ever since Europe began to become a civilisation--and until the rare and recent re-incursions of barbarism in such things as the Indeterminate Sentence. Of that I shall speak later; it is enough for this argument to point out the plain facts. It is the plain fact that every savage, every sultan, every outlawed baron, every brigand-chief has always used this instrument of the Indeterminate Sentence, which has been recently offered us as something highly scientific and humane. All these people, in short, being barbarians, have always kept their captives captive until they (the barbarians) chose to think the captives were in a fit frame of mind to come out. It is also the plain fact that all that has been called civilisation or progress, justice or liberty, for nearly three thousand years, has had the general direction of treating even the captive as a free man, in so far as some clear case of some defined crime had to be shown against him. All law has meant allowing the criminal, within some limits or other, to argue with the law: as Job was allowed, or rather challenged, to argue with God. But the criminal is, among civilised men, tried by one law for one crime for a perfectly simple reason: that the motive of the crime, like the meaning of the law, is conceivable to the common intelligence. A man is punished specially as a burglar, and not generally as a bad man, because a man may be a burglar and in many other respects not be a bad man. The act of burglary is punishable because it is intelligible. But when acts are unintelligible, we can only refer them to a general untrustworthiness, and guard against them by a general restraint. If a man breaks into a house to get a piece of bread, we can appeal to his reason in various ways. We can hang him for housebreaking; or again (as has occurred to some daring thinkers) we can give him a piece of bread. But if he breaks in, let us say, to steal the parings of other people's finger nails, then we are in a difficulty: we cannot imagine what he is going to do with them, and therefore cannot easily imagine what we are going to do with him. If a villain comes in, in cloak and mask, and puts a little arsenic in the soup, we can collar him and say to him distinctly, "You are guilty of Murder; and I will now consult the code of tribal law, under which we live, to see if this practice is not forbidden." But if a man in the same cloak and mask is found at midnight putting a little soda-water in the soup, what can we say? Our charge necessarily becomes a more general one. We can only observe, with a moderation almost amounting to weakness, "You seem to be the sort of person who will do this sort of thing." And then we can lock him up. The principle of the indeterminate sentence is the creation of the indeterminate mind. It does apply to the incomprehensible creature, the lunatic. And it applies to nobody else.
The second thing to be noted is this: that it is only by the unanimity of sane men that we can condemn this man as utterly separate. If he says a tree is a lamp-post he is mad; but only because all other men say it is a tree. If some men thought it was a tree with a lamp on it, and others thought it was a lamp-post wreathed with branches and vegetation, then it would be a matter of opinion and degree; and he would not be mad, but merely extreme. Certainly he would not be mad if nobody but a botanist could see it was a tree. Certainly his enemies might be madder than he, if nobody but a lamplighter could see it was not a lamp-post. And similarly a man is not imbecile if only a Eugenist thinks so. The question then raised would not be his sanity, but the sanity of one botanist or one lamplighter or one Eugenist. Tha
t which can condemn the abnormally foolish is not the abnormally clever, which is obviously a matter in dispute. That which can condemn the abnormally foolish is the normally foolish. It is when he begins to say and do things that even stupid people do not say or do, that we have a right to treat him as the exception and not the rule. It is only because we none of us profess to be anything more than man that we have authority to treat him as something less.
Now the first principle behind Eugenics becomes plain enough. It is the proposal that somebody or something should criticise men with the same superiority with which men criticise madmen. It might exercise this right with great moderation; but I am not here talking about the exercise, but about the right. Its _claim_ certainly is to bring all human life under the Lunacy Laws.
Now this is the first weakness in the case of the Eugenists: that they cannot define who is to control whom; they cannot say by what authority they do these things. They cannot see the exception is different from the rule--even when it is misrule, even when it is an unruly rule. The sound sense in the old Lunacy Law was this: that you cannot deny that a man is a citizen until you are practically prepared to deny that he is a man. Men, and only men, can be the judges of whether he is a man. But any private club of prigs can be judges of whether he ought to be a citizen. When once we step down from that tall and splintered peak of pure insanity we step on to a tableland where one man is not so widely different from another. Outside the exception, what we find is the average. And the practical, legal shape of the quarrel is this: that unless the normal men have the right to expel the abnormal, what particular sort of abnormal men have the right to expel the normal men? If sanity is not good enough, what is there that is saner than sanity?
The Essential G. K. Chesterton Page 129