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I dislike cruelty, even cruelty to other people, and should therefore like to see all cruel people exterminated. But I should recoil with horror from a proposal to punish them. Let me illustrate my attitude by a very famous, indeed far too famous, example of the popular conception of criminal law as a means of delivering up victims to the normal popular lust for cruelty which has been mortified by the restraint imposed on it by civilization. Take the case of the extermination of Jesus Christ. No doubt there was a strong case for it. Jesus was from the point of view of the High Priest a heretic and an impostor. From the point of view of the merchants he was a rioter and a Communist. From the Roman Imperialist point of view he was a traitor. From the commonsense point of view he was a dangerous madman. From the snobbish point of view, always a very influential one, he was a penniless vagrant. From the police point of view he was an obstructor of thoroughfares, a beggar, an associate of prostitutes, an apologist of sinners, and a disparager of judges; and his daily companions were tramps whom he had seduced into vagabondage from their regular trades. From the point of view of the pious he was a Sabbath breaker, a denier of the efficacy of circumcision and the advocate of a strange rite of baptism, a gluttonous man and a winebibber. He was abhorrent to the medical profession as an unqualified practitioner who healed people by quackery and charged nothing for the treatment. He was not anti-Christ: nobody had heard of such a power of darkness then; but he was startlingly anti-Moses. He was against the priests, against the judiciary, against the military, against the city , against all the interests, classes, principalities and powers, inviting everybody to abandon all these and follow him. By every argument, legal, political, religious, customary, and polite, he was the most complete enemy of the society of his time ever brought to the bar. He was guilty on every count of the indictment, and on many more that his accusers had not the wit to frame. If he was innocent then the whole world was guilty. To acquit him was to throw over civilization and all its institutions. History has borne out the case against him; for no State has ever constituted itself on his principles or made it possible to live according to his commandments: those States who have taken his name have taken it as an alias to enable them to persecute his followers more plausibly.
It is not surprising that under these circumstances, and in the absence of any defence, the Jerusalem community and the Roman government decided to exterminate Jesus. They had just as much right to do so as to exterminate the two thieves who perished with him. (en) |
