Complete Works. Lysander Spooner. Читать онлайн. Newlib. NEWLIB.NET

Автор: Lysander Spooner
Издательство: Bookwire
Серия:
Жанр произведения: Философия
Год издания: 0
isbn: 4057664560865
Скачать книгу
to barking, to the disturbance of the sleep or quiet of the neighborhood, is a nuisance.

      XIX.

      BUT it is said, that for one person to entice another into a vice, is a crime.

      This is preposterous. If any particular act is simply a vice, then a man who entices another to commit it, is simply an accomplice in the vice. He evidently commits no crime, because the accomplice can certainly commit no greater offence than the principal.

      Every person who is sane, compos mentis, possessed of reasonable discretion and self-control, is presumed to be mentally competent to judge for himself of all the arguments, pro and con, that may be addressed to him, to persuade him to do any particular act; provided no fraud is employed to deceive him. And if he is persuaded or induced to do the act, his act is then his own; and even though the act prove to be harmful to himself, he cannot complain that the persuasion or arguments, to which he yielded his assent, were crimes against himself.

      When fraud is practised, the case is, of course, different. If, for example, I offer a man poison, assuring him that it is a safe and wholesome drink, and he, on the faith of my assertion, swallows it, my act is a crime.

      Volenti non fit injuria, is a maxim of the law. To the willing no injury is done. That is, no legal wrong. And every person who is sane, compos mentis, capable of exercising reasonable discretion in judging of the truth or falsehood of the representations or persuasions to which he yields his assent, is “willing,” in the view of the law; and takes upon himself the entire responsibility for his acts, when no intentional fraud has been practised upon him.

      We see the same principle in the case of prize-fighters. If I but lay one of my fingers upon another man’s person, against his will, no matter how lightly, and no matter how little practical injury is done, the act is a crime. But if two men agree to go out and pound each other’s faces to a jelly, it is no crime, but only a vice.

      Even duels have not generally been considered crimes, because each man’s life is his own, and the parties agree that each may take the other’s life, if he can, by the use of such weapons as are agreed upon, and in conformity with certain rules that are also mutually assented to.

      And this is a correct view of the matter, unless it can be said (as it probably cannot), that “anger is a madness” that so far deprives men of their reason as to make them incapable of reasonable discretion.

      Gambling is another illustration of the principle that to the willing no injury is done. If I take but a single cent of a man’s property, without his consent, the act is a crime. But if two men, who are compos mentis, possessed of reasonable discretion to judge of the nature and probable results of their act, sit down together, and each voluntarily stakes his money against the money of another, on the turn of a die, and one of them loses his whole estate (however large that may be), it is no crime, but only a vice.

      It is not a crime, even, to assist a person to commit suicide, if he be in possession of his reason.

      XX.

      BUT some persons are in the habit of saying that the use of spirituous liquors is the great source of crime; that “it fills our prisons with criminals;” and that this is reason enough for prohibiting the sale of them.

      Those who say this, if they talk seriously, talk blindly and foolishly. They evidently mean to be understood as saying that a very large percentage of all the crimes that are committed among men, are committed by persons whose criminal passions are excited, at the time, by the use of liquors, and in consequence of the use of liquors.

      This idea is utterly preposterous.

      In the first place, the great crimes committed in the world are mostly prompted by avarice and ambition.

      The greatest of all crimes are the wars that are carried on by governments, to plunder, enslave, and destroy mankind.

      But, thirdly, there are vast numbers of frauds, of various kinds, committed in the transactions of trade, whose perpetrators, by their coolness and sagacity, evade the operation of the laws. And it is only their cool and clear heads that enable them to do it. Men under the excitement of intoxicating drinks are little disposed, and utterly unequal, to the successful practice of these frauds. They are the most incautious, the least successful, the least efficient, and the least to be feared, of all the criminals with whom the laws have to deal.

      Fourthly. The professed burglars, robbers, thieves, forgers, counterfeiters, and swindlers, who prey upon society, are anything but reckless drinkers. Their business is of too dangerous a character to admit of such risks as they would thus incur.

      Fifthly. The crimes that can be said to be committed under the influence of intoxicating drinks are mostly assaults and batteries, not very numerous, and generally not very aggravated. Some other small crimes, as petty thefts, or other small trespasses upon property, are sometimes committed, under the influence of drink, by feebleminded persons, not generally addicted to crime. The persons who commit these two kinds of crime are but few. They cannot be said to “fill our prisons;” or, if they do, we are to be congratulated that we need so few prisons, and so small prisons, to hold them.

      The State of Massachusetts, for example, has a million and a half of people. How many of these are now in prison for crimes—not for the vice of