XV ATTITUDE OF THE CRIMINAL

 Probably the chief barrier to the commission of crime is the feeling of right and wrong connected with the doing or not doing of particular acts. All men have a more or less binding¹ conscience. This is the result of long teaching and habit in matters of conduct. Most people are taught at home and in school that certain things are right and that others are wrong. This constant instruction builds up habits and rules of conduct, and it is mainly upon these that society depends for the behavior of its citizens. To most men conscience is the monitor, rather than law. It acts more automatically, and a shock to the conscience is far more effective than the knowledge that a law is broken. For the most part the promptings of conscience follow pretty closely the inhibitions of the criminal code, although they may or may not follow the spirit of the law. Each person has his own idea of the relative values attached to human actions. That is, no two machines respond exactly alike as to the relative importance of different things. No two ethical² commands have the same importance to all people or to any two people. Often men do not hesitate to circumvent³ or violate one statute⁴, when they could never be even tempted⁵ to violate another.

 

Ordinarily unless the response of conscience is quick and plain, men are not bothered by the infraction⁶ of the law except, perchance, by the fear of discovery. This is quite apart from the teaching that it is the duty of all men to obey all laws, a proposition so general that it has no effect. Even those who make the statement do not follow the precept⁷, and the long list of penal⁸ laws that die from lack of enforcement instead of by repeal⁹ is too well known to warrant the belief that anyone pays serious attention to such a purely¹⁰ academic statement. No one believes in the enforcement of all laws or the duty to obey all laws, and no one, in fact, does obey them all. Those who proclaim the loudest the duty of obedience¹¹ to all laws never obey, for example, the revenue laws. These are clear and explicit¹², and yet men take every means possible to have their property exempted¹³ from taxation—in other words, to defraud¹⁴ the State. This is done on the excuse that everyone else does it, and the man who makes a strict return according to law would pay the taxes of the shirkers. While this is true, it simply shows that all men violate the law when the justification¹⁵ seems sufficient to them. The laws against blasphemy¹⁶, against Sunday work and Sunday play, against buying and transporting intoxicating¹⁷ liquors and smuggling¹⁸ goods are freely violated. Many laws are so recent that they have not grown to be folk-ways or fixed¹⁹ new habits, and their violation²⁰ brings no moral shock. In spite of the professions often made, most men have a poor opinion of congressmen and legislators, and feel that their own conscience is a much higher guide for them than the law.

 

Religions have always taught obedience to God or to what takes His place. Religious commands and feelings, are higher and more binding on man than human law. The captains of industry are forever belittling²¹ and criticising all those laws made by legislatures and courts which interfere²² with the unrestricted use of property. None of this sort of legislation has their approval and the courts are regarded as meddlesome²³ when they enforce it. The anti-trust laws, the anti-pooling laws, factory legislation of all kinds, anything in short that interferes²⁴ with the unrestricted use of property by its owner are roundly condemned²⁵ and violated by evasion²⁷. On the other hand, so much has been written and said in reference to the creation of the fundamental rights to own property, and these rights depend so absolutely upon social arrangements and work out such manifest injustice²⁸ and inequality, that there is always a deep-seated feeling of protest against many of our so-called property laws. From those who advocate a new distribution of wealth and condemn²⁶ the injustice of present property rights, the step is quite short to those who feel the injustice and put their ideas in force by taking property when and where they are able to get it.

 

For instance, a miner may believe that the corporation for which he works really has no right to the gold down in the mine. As he is digging he strikes a particularly rich pocket of high-grade ore. He feels that he does no wrong if he appropriates the ore. Elaborate means are taken to prevent this, even compelling the absolute stripping of the workman, and a complete change of clothes on going in and coming out of the mine.

 

Many laws are put on the books which are of a purely sumptuary nature; these attempt to control what one shall do in his own personal affairs. Such laws are brought about by organizations with a "purpose". The members are anxious to make everyone else conform to their ideas and habits. Such laws as Sunday laws, liquor laws and the like are examples. Then, too, every state or nation carries a large list of laws that men have so long violated and ignored, that they virtually are dead. To violate these brings no feeling of wrong, but only serves to make men doubt the evil of violating any law.

 

It is never easy to get a Legislature to repeal a law. Generally some organization or committee of people is interested in keeping it alive, and the members of the Legislature fear losing their votes. Social ideas are always changing. No laws or customs are eternal. The ordinary man, and especially the man under the normal, cannot keep up with all the shifting of a changing world. There is always a fraction of a community agitating³⁰ for something new and gradually forcing the Legislature to put it into law, even against the will of the majority and against the sentiment of a large class of the community. The organization that wants something done is always aggressive. The man who wants to prevent it from being done is seldom unduly³¹ active or even alarmed. Many organizations are eager to get statutes³² on the books. One seldom hears of a society or club that is active in getting laws repealed³³. The constant change of law, the constant fixing of new values in place of old ones, is necessary to social life. This means putting new wine into old bottles, and wine that is much too strong for the bottles. Everybody can see why some particular law might be violated without a sense of guilt³⁴, but they cannot see how a law they believe in can be violated without serious obliquity³⁵.

 

Apart from this, there have always been crimes that were not of the class that implied moral wrong. The acts of the revolutionist who saw, or thought he saw, visions of something better; the man who is inspired by the love of his fellow-man and who has no personal ends to gain; the man who in his devotion to an idea or a person risks his life or liberty or property or reputation, has never been classed with those who violate the law for selfish ends. The line of revolutionists, from the beginning of organized government down to the birth of the United States and even to the present time, furnishes ample proof of this. And still the unsuccessful revolutionist meets with the severest penalties. To him failure generally means death. Men who are fired with zeal³⁶ for all new causes are forever running foul³⁷ of the law. Social organization, like biological organization, is conservative. All things that live are imbued³⁸ with the will to live and they take all means in their power to go on living. The philosopher can neither quarrel with the idealist who makes the sacrifice nor the organization that preserves itself while it can; he only recognizes what is true.

 

Men have always been obliged to fight to preserve liberty. Constitutions and laws do not safeguard liberty. It can be preserved only by a tolerant people, and this means eternal conflict. Emerson said that the good citizen must not be over-obedient to law. Freedom is always trampled³⁹ on in times of stress. The United States suffered serious encroachments on liberty during the Civil War. During the last war, these encroachments were greater than any American could have possibly dreamed; and so far there seems little immediate⁴⁰ chance for change. Still the philosopher does not complain. He sees human passion for what it is, a great emotion that holds men in its grasp, a feeling that nothing can stand against. Opposition⁴¹ is destroyed by force, and often blind, cruel, unreasoning force. Sometimes even worse, this force is created for selfish ends. There are always those who will use the strongest and highest emotions of men to serve their private, sordid⁴² ends. Changing social systems, new political ideas, the labor²⁹ cause, all movements for religious, social or political change have their zealots; they are met by the force of convention and conservatism ready to defend itself, and the clash is inevitable⁴³. It is easy to distinguish this sort of action from the things done by those who are known as criminals. Their acts are done to serve personal ends. Society may always punish both, but all men of right ideas will understand that the motive⁴⁴ is different, the equipment and capacity of the men are different, and they are only in the same class because they each violate the law and are each responsive to emotions and to feelings that are of sufficient strength to compel action.

1 binding   

有约束力的，有效的，应遵守的

参考例句：

• The contract was not signed and has no binding force. 合同没有签署因而没有约束力。
• Both sides have agreed that the arbitration will be binding. 双方都赞同仲裁具有约束力。

2 ethical   

adj.伦理的，道德的，合乎道德的

参考例句：

• It is necessary to get the youth to have a high ethical concept.必须使青年具有高度的道德观念。
• It was a debate which aroused fervent ethical arguments.那是一场引发强烈的伦理道德争论的辩论。

3 circumvent   

vt.环绕，包围；对…用计取胜，智胜

参考例句：

• Military planners tried to circumvent the treaty.军事策略家们企图绕开这一条约。
• Any action I took to circumvent his scheme was justified.我为斗赢他的如意算盘而采取的任何行动都是正当的。

4 statute   

n.成文法，法令，法规；章程，规则，条例

参考例句：

• Protection for the consumer is laid down by statute.保障消费者利益已在法令里作了规定。
• The next section will consider this environmental statute in detail.下一部分将详细论述环境法令的问题。

5 tempted   

v.怂恿（某人）干不正当的事；冒…的险（tempt的过去分词）

参考例句：

• I was sorely tempted to complain, but I didn't. 我极想发牢骚，但还是没开口。
• I was tempted by the dessert menu. 甜食菜单馋得我垂涎欲滴。

6 infraction   

n.违反；违法

参考例句：

• He was criticized for his infraction of the discipline.他因违反纪律而受到了批评。
• Parking at the bus stop is illegal,Motorists committing this infraction are heavily fined.在公交站停车是违法的，触犯此条的司机将受重罚。

7 precept   

n.戒律；格言

参考例句：

• It occurs to me that example is always more efficacious than precept.我想到身教重于言教。
• The son had well profited by the precept and example of the father.老太爷的言传身教早已使他儿子获益无穷。

8 penal   

adj.刑罚的；刑法上的

参考例句：

• I hope you're familiar with penal code.我希望你们熟悉本州法律规则。
• He underwent nineteen years of penal servitude for theft.他因犯了大窃案受过十九年的苦刑。

9 repeal   

n.废止，撤消；v.废止，撤消

参考例句：

• He plans to repeal a number of current policies.他计划废除一些当前的政策。
• He has made out a strong case for the repeal of the law.他提出强有力的理由，赞成废除该法令。

10 purely   

adv.纯粹地，完全地

参考例句：

• I helped him purely and simply out of friendship.我帮他纯粹是出于友情。
• This disproves the theory that children are purely imitative.这证明认为儿童只会单纯地模仿的理论是站不住脚的。

11 obedience   

n.服从，顺从

参考例句：

• Society has a right to expect obedience of the law.社会有权要求人人遵守法律。
• Soldiers act in obedience to the orders of their superior officers.士兵们遵照上级军官的命令行动。

12 explicit   

adj.详述的，明确的；坦率的；显然的

参考例句：

• She was quite explicit about why she left.她对自己离去的原因直言不讳。
• He avoids the explicit answer to us.他避免给我们明确的回答。

13 exempted   

使免除[豁免]( exempt的过去式和过去分词 )

参考例句：

• His bad eyesight exempted him from military service. 他因视力不好而免服兵役。
• Her illness exempted her from the examination. 她因病而免试。

14 defraud   

vt.欺骗，欺诈

参考例句：

• He passed himself off as the managing director to defraud the bank.他假冒总经理的名义诈骗银行。
• He is implicated in the scheme to defraud the government.他卷入了这起欺骗政府的阴谋。

15 justification   

n.正当的理由；辩解的理由

参考例句：

• There's no justification for dividing the company into smaller units. 没有理由把公司划分成小单位。
• In the young there is a justification for this feeling. 在年轻人中有这种感觉是有理由的。

16 blasphemy   

n.亵渎，渎神

参考例句：

• His writings were branded as obscene and a blasphemy against God.他的著作被定为淫秽作品，是对上帝的亵渎。
• You have just heard his blasphemy!你刚刚听到他那番亵渎上帝的话了！

17 intoxicating   

a. 醉人的,使人兴奋的

参考例句：

• Power can be intoxicating. 权力能让人得意忘形。
• On summer evenings the flowers gave forth an almost intoxicating scent. 夏日的傍晚，鲜花散发出醉人的芳香。

18 smuggling   

n.走私

参考例句：

• Some claimed that the docker's union fronted for the smuggling ring.某些人声称码头工人工会是走私集团的掩护所。
• The evidence pointed to the existence of an international smuggling network.证据表明很可能有一个国际走私网络存在。

19 fixed   

adj.固定的，不变的，准备好的；(计算机)固定的

参考例句：

• Have you two fixed on a date for the wedding yet?你们俩选定婚期了吗？
• Once the aim is fixed,we should not change it arbitrarily.目标一旦确定，我们就不应该随意改变。

20 violation   

n.违反(行为)，违背(行为)，侵犯

参考例句：

• He roared that was a violation of the rules.他大声说，那是违反规则的。
• He was fined 200 dollars for violation of traffic regulation.他因违反交通规则被罚款200美元。

21 belittling   

使显得微小，轻视，贬低( belittle的现在分词 )

参考例句：

• We must be realistic in our self-estimation, neither being conceited nor belittling ourselves. 我们对自己的估计应该实事求是， 不要自高自大，也不要妄自菲薄。
• I find it belittling to be criticized by someone so much younger than me. 有个比我年轻许多的人批评了我，我觉得是小看了我。

22 interfere   

v.(in)干涉，干预；(with)妨碍，打扰

参考例句：

• If we interfere, it may do more harm than good.如果我们干预的话，可能弊多利少。
• When others interfere in the affair,it always makes troubles. 别人一卷入这一事件，棘手的事情就来了。

23 meddlesome   

adj.爱管闲事的

参考例句：

• By this means the meddlesome woman cast in a bone between the wife and the husband.这爱管闲事的女人就用这种手段挑起他们夫妻这间的不和。
• Get rid of that meddlesome fool!让那个爱管闲事的家伙走开！

24 interferes   

vi. 妨碍，冲突，干涉

参考例句：

• The noise interferes with my work. 这噪音妨碍我的工作。
• That interferes with my plan. 那干扰了我的计划。

25 condemned   

adj. 被责难的, 被宣告有罪的 动词condemn的过去式和过去分词

参考例句：

• He condemned the hypocrisy of those politicians who do one thing and say another. 他谴责了那些说一套做一套的政客的虚伪。
• The policy has been condemned as a regressive step. 这项政策被认为是一种倒退而受到谴责。

26 condemn   

vt.谴责，指责；宣判(罪犯)，判刑

参考例句：

• Some praise him,whereas others condemn him.有些人赞扬他，而有些人谴责他。
• We mustn't condemn him on mere suppositions.我们不可全凭臆测来指责他。

27 evasion   

n.逃避，偷漏(税)

参考例句：

• The movie star is in prison for tax evasion.那位影星因为逃税而坐牢。
• The act was passed as a safeguard against tax evasion.这项法案旨在防止逃税行为。

28 injustice   

n.非正义，不公正，不公平，侵犯（别人的）权利

参考例句：

• They complained of injustice in the way they had been treated.他们抱怨受到不公平的对待。
• All his life he has been struggling against injustice.他一生都在与不公正现象作斗争。

29 labor   

n.劳动，努力，工作，劳工；分娩；vi.劳动，努力，苦干；vt.详细分析；麻烦

参考例句：

• We are never late in satisfying him for his labor.我们从不延误付给他劳动报酬。
• He was completely spent after two weeks of hard labor.艰苦劳动两周后，他已经疲惫不堪了。

30 agitating   

搅动( agitate的现在分词 )； 激怒； 使焦虑不安； （尤指为法律、社会状况的改变而）激烈争论

参考例句：

• political groups agitating for social change 鼓吹社会变革的政治团体
• They are agitating to assert autonomy. 他们正在鼓吹实行自治。

31 unduly   

adv.过度地，不适当地

参考例句：

• He did not sound unduly worried at the prospect.他的口气听上去对前景并不十分担忧。
• He argued that the law was unduly restrictive.他辩称法律的约束性有些过分了。

32 statutes   

成文法( statute的名词复数 )； 法令； 法规； 章程

参考例句：

• The numerous existing statutes are complicated and poorly coordinated. 目前繁多的法令既十分复杂又缺乏快调。 来自英汉非文学 - 环境法 - 环境法
• Each agency is also restricted by the particular statutes governing its activities. 各个机构的行为也受具体法令限制。 来自英汉非文学 - 环境法 - 环境法

33 repealed   

撤销，废除( repeal的过去式和过去分词 )

参考例句：

• The Labour Party repealed the Act. 工党废除了那项法令。
• The legislature repealed the unpopular Rent Act. 立法机关废除了不得人心的租借法案。

34 guilt   

n.犯罪；内疚；过失，罪责

参考例句：

• She tried to cover up her guilt by lying.她企图用谎言掩饰自己的罪行。
• Don't lay a guilt trip on your child about schoolwork.别因为功课责备孩子而使他觉得很内疚。

35 obliquity   

n.倾斜度

参考例句：

• It is here that the obliquity factor makes a crucial difference. 正是在这里，倾斜因子构成了重要的差别。 来自辞典例句
• The obliquity of the ecliptic is the fundamental cause of the seasons. 黄道的倾角是季节的基本成因。 来自辞典例句

36 zeal   

n.热心，热情，热忱

参考例句：

• Revolutionary zeal caught them up,and they joined the army.革命热情激励他们，于是他们从军了。
• They worked with great zeal to finish the project.他们热情高涨地工作，以期完成这个项目。

37 foul   

adj.污秽的；邪恶的；v.弄脏；妨害；犯规；n.犯规

参考例句：

• Take off those foul clothes and let me wash them.脱下那些脏衣服让我洗一洗。
• What a foul day it is!多么恶劣的天气！

38 imbued   

v.使（某人/某事）充满或激起（感情等）( imbue的过去式和过去分词 )；使充满；灌输；激发（强烈感情或品质等）

参考例句：

• Her voice was imbued with an unusual seriousness. 她的声音里充满着一种不寻常的严肃语气。
• These cultivated individuals have been imbued with a sense of social purpose. 这些有教养的人满怀着社会责任感。 来自《简明英汉词典》

39 trampled   

踩( trample的过去式和过去分词 )； 践踏； 无视； 侵犯

参考例句：

• He gripped his brother's arm lest he be trampled by the mob. 他紧抓着他兄弟的胳膊，怕他让暴民踩着。
• People were trampled underfoot in the rush for the exit. 有人在拼命涌向出口时被踩在脚下。

40 immediate   

adj.立即的；直接的，最接近的；紧靠的

参考例句：

• His immediate neighbours felt it their duty to call.他的近邻认为他们有责任去拜访。
• We declared ourselves for the immediate convocation of the meeting.我们主张立即召开这个会议。

41 opposition   

n.反对，敌对

参考例句：

• The party leader is facing opposition in his own backyard.该党领袖在自己的党內遇到了反对。
• The police tried to break down the prisoner's opposition.警察设法制住了那个囚犯的反抗。

42 sordid   

adj.肮脏的，不干净的，卑鄙的，暗淡的

参考例句：

• He depicts the sordid and vulgar sides of life exclusively.他只描写人生肮脏和庸俗的一面。
• They lived in a sordid apartment.他们住在肮脏的公寓房子里。

43 inevitable   

adj.不可避免的，必然发生的

参考例句：

• Mary was wearing her inevitable large hat.玛丽戴着她总是戴的那顶大帽子。
• The defeat had inevitable consequences for British policy.战败对英国政策不可避免地产生了影响。

44 motive   

n.动机，目的；adv.发动的，运动的

参考例句：

• The police could not find a motive for the murder.警察不能找到谋杀的动机。
• He had some motive in telling this fable.他讲这寓言故事是有用意的。