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Hawthorne, Julian, 1846-1934

"The Subterranean Brotherhood"

An act of faith: that is to say,
first abolish jails, and then see what can be done with criminals! It is
vain to beat about the bush; we must face the alternative. The syllogism
runs thus: criminality is incompatible with true civilization--with a
normal and secure society. Jails are a crime; society makes and warrants
jails; therefore society is criminal. And the abolition of
jails--repudiation both of the principle and of the concrete fact--is
the only way to social redemption.
The one escape from this conclusion is, of course, denial that jails are
a crime. I will not further contest that point, but only repeat: Let the
deniers and doubters try a year behind the bars, themselves, and then
register their revised opinion.
But, obviously, though jails are a crime, they are not the only crime;
there are also the specific crimes of individual malefactors; and it
seems inevitable that by relieving these of prison restraints, we must
increase the prevalence of crime in the community, however much we might
be absolving the community itself from its characteristic crime of
jails. Is there any answer to that?
I am not logically constrained to make any, because if jails are a crime
they should be abolished, let the consequences be what they may. But I
will suggest two considerations. Individual crimes are the outcome
either of a pathological condition in the agent, or of conditions in his
nurture and environment which are due to social negligence or hardness
of heart.


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