Killing, raping and looting have been common practices in religious societies, and often carried out with clerical sanction. The catalogue of notorious barbarities – wars and massacres, acts of terrorism, the Inquisition, the Crusades, the chopping off of thieves’ hands, the slicing off of clitorises and labia majora, the use of gang rape as punishment, and manifold other savageries committed in the name of one faith or another — attests to religion’s longstanding propensity to induce barbarity, or at the very least to give it free rein. The Bible and the Quran have served to justify these atrocities and more, with women and gay people suffering disproportionately. There is a reason the Middle Ages in Europe were long referred to as the Dark Ages; the millennium of theocratic rule that ended only with the Renaissance (that is, with Europe’s turn away from God toward humankind) was a violent time.Morality arises out of our innate desire for safety, stability and order, without which no society can function; basic moral precepts (that murder and theft are wrong, for example) antedated religion. Those who abstain from crime solely because they fear divine wrath, and not because they recognize the difference between right and wrong, are not to be lauded, much less trusted. Just which practices are moral at a given time must be a matter of rational debate. The 'master-slave' ethos – obligatory obeisance to a deity — pervading the revealed religions is inimical to such debate. We need to chart our moral course as equals, or there can be no justice.
A system of justice does not need to pursue retribution. If the purpose of drug sentencing is to prevent harm, all we need to do is decide what to do with people who pose a genuine risk to society or cause tangible harm. There are perfectly rational ways of doing this; in fact, most societies already pursue such policies with respect to alcohol: we leave people free to drink and get inebriated, but set limits on where and when. In general, we prosecute drunk drivers, not inebriated pedestrians.In this sense, the justice system is in many respects a battleground between moral ideas and evidence concerning how to most effectively promote both individual and societal interests, liberty, health, happiness and wellbeing. Severely compromising this system, insofar as it serves to further these ideals, is our vacillation or obsession with moral responsibility, which is, in the broadest sense, an attempt to isolate the subjective element of human choice, an exercise that all too readily deteriorates into blaming and scapegoating without providing effective solutions to the actual problem. The problem with the question of moral responsibility is that it is inherently subjective and involves conjecture about an individuals’ state of mind, awareness and ability to act that can rarely if ever be proved. Thus it involves precisely the same type of conjecture that characterizes superstitious notions of possession and the influence of the devil and provides no effective means of managing conduct: the individual convicted for an offence or crime considered morally wrong is convicted based on a series of hypotheses and probabilities and not necessarily because he or she is actually morally wrong. The fairness and effectiveness of a system of justice based on such hypotheses is highly questionable particularly as a basis for preventing or reducing drug use related harm. For example, with respect to drugs, the system quite obviously fails as a deterrent and the system is not organised to ‘reform’ the offender much less to ensure that he or she has ‘learned a lesson’; moreover, the offender does not get an opportunity to make amends or even have a conversation with the alleged victim. In the case of retributive justice, the justice system is effectively mopping up after the fact. In other words, as far as deterrence is concerned, the entire exercise of justice becomes an exercise based on faith, rather than one based on evidence.
It is part of the nature of a strong erotic passion—as distinct from a transient fit of appetite—that makes more towering promises than any other emotion. No doubt all our desires makes promises, but not so impressively. To be in love involves the almost irresistible conviction that one will go on being in love until one dies, and that possession of the beloved will confer, not merely frequent ecstasies, but settled, fruitful, deep-rooted, lifelong happiness. Hence all seems to be at stake. If we miss this chance we shall have lived in vain. At the very thought of such a doom we sink into fathomless depths of self-pity.Unfortunately these promises are found often to be quite untrue. Every experienced adult knows this to be so as regards all erotic passions (except the one he himself is feeling at the moment). We discount the world-without-end pretensions of our friends’ amours easily enough. We know that such things sometimes last—and sometimes don’t. And when they do last, this is not because they promised at the outset to do so. When two people achieve lasting happiness, this is not solely because they are great lovers but because they are also—I must put it crudely—good people; controlled, loyal, fair-minded, mutually adaptable people.If we establish a “right to (sexual) happiness” which supersedes all the ordinary rules of behavior, we do so not because of what our passion shows itself to be in experience but because of what it professes to be while we are in the grip of it.
All faults or defects, from the slightest misconduct to the most flagitious crime, Pantocyclus attributed to some deviation from perfect Regularity in the bodily figure, caused perhaps (if not congenital) by some collision in a crowd; by neglect to take exercise, or by taking too much of it; or even by a sudden change of temperature, resulting in a shrinkage or expansion in some too susceptible part of the frame. Therefore, concluded that illustrious Philosopher, neither good conduct nor bad conduct is a fit subject, in any sober estimation, for either praise or blame. For why should you praise, for example, the integrity of a Square who faithfully defends the interests of his client, when you ought in reality rather to admire the exact precision of his right angles? Or again, why blame a lying, thievish Isosceles when you ought rather to deplore the incurable inequality of his sides?Theoretically, this doctrine is unquestionable; but it has practical drawbacks. In dealing with an Isosceles, if a rascal pleads that he cannot help stealing because of his unevenness, you reply that for that very reason, because he cannot help being a nuisance to his neighbours, you, the Magistrate, cannot help sentencing him to be consumed - and there's an end of the matter. But in little domestic difficulties, where the penalty of consumption, or death, is out of the question, this theory of Configuration sometimes comes in awkwardly; and I must confess that occasionally when one of my own Hexagonal Grandsons pleads as an excuse for his disobedience that a sudden change of the temperature has been too much for his perimeter, and that I ought to lay the blame not on him but on his Configuration, which can only be strengthened by abundance of the choicest sweetmeats, I neither see my way logically to reject, nor practically to accept, his conclusions.For my own part, I find it best to assume that a good sound scolding or castigation has some latent and strengthening influence on my Grandson's Configuration; though I own that I have no grounds for thinking so. At all events I am not alone in my way of extricating myself from this dilemma; for I find that many of the highest Circles, sitting as Judges in law courts, use praise and blame towards Regular and Irregular Figures; and in their homes I know by experience that, when scolding their children, they speak about "right" or "wrong" as vehemently and passionately as if they believed that these names represented real existences, and that a human Figure is really capable of choosing between them.