"GUILT” AND “BAD CONSCIENCE”.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.