26.
Legal Conditions as Means.—Law, where it rests upon contracts between equals, holds good so long as the power of the parties to the contract remains equal or similar. Wisdom created law to end all feuds and useless expenditure among men on an equal footing. Quite as definite an end is put to this waste, however, when one party has [pg 207] become decidedly weaker than the other. Subjection enters and law ceases, but the result is the same as that attained by law. For now it is the wisdom of the superior which advises to spare the inferior and not uselessly to squander his strength. Thus the position of the inferior is often more favourable than that of the equal.—Hence legal conditions are temporary means counselled by wisdom, and not ends.
27.
Explanation of Malicious Joy.—Malicious joy arises when a man consciously finds himself in evil plight and feels anxiety or remorse or pain. The misfortune that overtakes B. makes him equal to A., and A. is reconciled and no longer envious.—If A. is prosperous, he still hoards up in his memory B.'s misfortune as a capital, so as to throw it in the scale as a counter-weight when he himself suffers adversity. In this case too he feels “malicious joy” (Schadenfreude). The sentiment of equality thus applies its standard to the domain of luck and chance. Malicious joy is the commonest expression of victory and restoration of equality, even in a higher state of civilisation. This emotion has only been in existence since the time when man learnt to look upon another as his equal—in other words, since the foundation of society.
28.
The Arbitrary Element in the Award of Punishment.—To most criminals punishment [pg 208] comes just as illegitimate children come to women. They have done the same thing a hundred times without any bad consequences. Suddenly comes discovery, and with discovery punishment. Yet habit should make the deed for which the criminal is punished appear more excusable, for he has developed a propensity that is hard to resist. Instead of this, the criminal is punished more severely if the suspicion of habitual crime rests on him, and habit is made a valid reason against all extenuation. On the other hand, a model life, wherein crime shows up in more terrible contrast, should make the guilt appear more heavy! But here the custom is to soften the punishment. Everything is measured not from the standpoint of the criminal but from that of society and its losses and dangers. The previous utility of an individual is weighed against his one nefarious action, his previous criminality is added to that recently discovered, and punishment is thus meted out as highly as possible. But if we thus punish or reward a man's past (for in the former case the diminution of punishment is a reward) we ought to go farther back and punish and reward the cause of his past—I mean parents, teachers, society. In many instances we shall then find the judges somehow or other sharing in the guilt. It is arbitrary to stop at the criminal himself when we punish his past: if we will not grant the absolute excusability of every crime, we should stop at each individual case and probe no farther into the past—in other words, isolate guilt and not connect it with previous actions. Otherwise we sin against [pg 209] logic. The teachers of free will should draw the inevitable conclusion from their doctrine of “free will” and boldly decree: “No action has a past.”
29.
Envy and her Nobler Sister.—Where equality is really recognised and permanently established, we see the rise of that propensity that is generally considered immoral, and would scarcely be conceivable in a state of nature—envy. The envious man is susceptible to every sign of individual superiority to the common herd, and wishes to depress every one once more to the level—or raise himself to the superior plane. Hence arise two different modes of action, which Hesiod designated good and bad Eris. In the same way, in a condition of equality there arises indignation if A. is prosperous above and B. unfortunate beneath their deserts and equality. These latter, however, are emotions of nobler natures. They feel the want of justice and equity in things that are independent of the arbitrary choice of men—or, in other words, they desire the equality recognised by man to be recognised as well by Nature and chance. They are angry that men of equal merits should not have equal fortune.
30.
The Envy of the Gods.—“The envy of the Gods” arises when a despised person sets himself on an equality with his superior (like Ajax), or is made equal with him by the favour of fortune [pg 210] (like Niobe, the too favoured mother). In the social class system this envy demands that no one shall have merits above his station, that his prosperity shall be on a level with his position, and especially that his self-consciousness shall not outgrow the limits of his rank. Often the victorious general, or the pupil who achieves a masterpiece, has experienced “the envy of the gods.”