there are gradual approximations; there are twilight states between sanity and insanity which are clearly recognised not only by experts but by all sagacious men of the world. There are many who are not sufficiently mad to be shut up or to be deprived of the management of their properties, or to be exempted from punishment if they have committed a crime, but who, in the common expressive phrase, 'are not all there'—whose eccentricities, illusions and caprices are on the verge of madness, whose judgments are hopelessly disordered; whose wills, though not completely atrophied, are manifestly diseased. In questions of property, in questions of crime, in questions of family arrangements, such persons cause the gravest perplexity, nor will any wise man judge them by the same moral standard as well-balanced and well-developed natures.

The inference to be drawn from such facts is certainly not that there is no such thing as free will and personal responsibility, nor yet that we have no power of judging the acts of others and distinguishing among our fellow-men between the good and the bad. The true lesson is the extreme fallibility of our moral judgments whenever we attempt to measure degrees of guilt. Sometimes men are even unjust to their own past from their incapacity in age of realising the force of the temptations they had experienced in youth. On the other hand, increased knowledge of the world tends to make us more sensible of the vast differences between the moral circumstances of men, and therefore less confident and more indulgent in our judgments of others. There are men whose cards in life are so bad, whose temptations to vice, either from circumstances or inborn character, seem so overwhelming, that, though we may punish, and in a certain sense blame, we can scarcely look on them as more responsible

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than some noxious wild beast. Among the terrible facts of life none is indeed more terrible than this. Every believer in the wise government of the world must have sometimes realised with a crushing or at least a staggering force the appalling injustices of life as shown in the enormous differences in the distribution of unmerited happiness and misery. But the disparity of moral circumstances is not less. It has shaken the faith of many. It has even led some to dream of a possible Heaven for the vicious where those who are born into the world with a physical constitution rendering them fierce or cruel, or sensual, or cowardly, may be freed from the nature which was the cause of their vice and their suffering upon earth; where due allowance may be made for the differences of circumstances which have plunged one man deeper and ever deeper into crime, and enabled another, who was not really better or worse, to pass through life with no serious blemish, and to rise higher and higher in the moral scale.

Imperfect, however, as is our power of judging others, it is a power we are all obliged to exercise. It is impossible to exclude the considerations of moral guilt and of palliating or aggravating circumstances from the penal code, and from the administration of justice, though it cannot be too clearly maintained that the criminal code is not coextensive with the moral code, and that many things which are profoundly immoral lie beyond its scope. On the whole it should be as much as possible confined to acts by which men directly injure others. In the case of adult men private vices, vices by which no one is directly affected, except by his own free will, and in which the elements of force or fraud are not present, should not be brought within its range. This ideal, it is true, cannot

be fully attained. The Legislator must take into account the strong pressure of public opinion. It is sometimes true that a penal law may arrest, restrict, or prevent the revival of some private vice without producing any countervailing evil. But the presumption is against all laws which punish the voluntary acts of adult men when those acts injure no one except themselves. The social censure, or the judgment of opinion, rightly extends much further, though it is often based on very imperfect knowledge or realisation. It is probable that, on the whole, opinion judges too severely the crimes of passion and of drink, as well as those which spring from the pressure of great poverty and are accompanied by great ignorance. The causes of domestic anarchy are usually of such an intimate nature and involve so many unknown or imperfectly realised elements of aggravation or palliation that in most cases the less men attempt to judge them the better. On the other hand, public opinion is usually far too lenient in judging crimes of ambition, cupidity, envy, malevolence, and callous selfishness; the crimes of ill-gotten and ill-used wealth, especially in the many cases in which those crimes are unpunished by law.

It is a mere commonplace of morals that in the path of evil it is the first step that costs the most. The shame, the repugnance, and the remorse which attend the first crime speedily fade, and on every repetition the habit of evil grows stronger. A process of the same kind passes over our judgments. Few things are more curious than to observe how the eye accommodates itself to a new fashion of dress, however unbecoming, how speedily men, or at least women, will adopt a new and artificial standard and instinctively and unconsciously admire or blame

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according to this standard and not according to any genuine sense of beauty or the reverse. Few persons,

however pure may be their natural taste, can live long amid vulgar and vulgarising surroundings without losing something of the delicacy of their taste and learning to accept, if not with pleasure, at least with acquiescence, things from which under other circumstances they would have recoiled. In the same way, both individuals and societies accommodate themselves but too readily to lower moral levels, and a constant vigilance is needed to detect the forms or directions in which individual and national character insensibly deteriorate.

CHAPTER VII

It is impossible for a physician to prescribe a rational regimen for a patient unless he has formed some clear conception of the nature of his constitution and of the morbid influences to which it is inclined; and in judging the wisdom of various proposals for the management of character we are at once met by the initial controversy about the goodness or the depravity of human nature. It is a subject on which extreme exaggerations have prevailed. The school of Rousseau, which dominated on the Continent in the last half of the eighteenth century, represented mankind as a being who comes into existence essentially good, and it attributed all the moral evils of the world not to any innate tendencies to vice but to superstition, vicious institutions, misleading education, a badly organised society. It is an obvious criticism that if human nature had been as good as such writers imagined, these corrupt and corrupting influences could never have grown up, or at least could never have obtained a controlling influence, and this philosophy became greatly discredited when the French Revolution, which it did so much to produce, ended in the unspeakable horrors of the Reign of Terror and in the gigantic carnage of the Napoleon wars. On the other hand, there are large schools of theologians who represent man as utterly and fundamentally depraved, 'born in corruption, inclined to