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China’s Civilian Army
China’s Civilian Army
The Making of Wolf Warrior Diplomacy
P E T E R M A RT I N
1
3
Oxford University Press is a department of the University of Oxford. It furthers
the University’s objective of excellence in research, scholarship, and education
by publishing worldwide. Oxford is a registered trade mark of Oxford University
Press in the UK and certain other countries.
DOI: 10.1093/oso/9780197513705.001.0001
1 3 5 7 9 8 6 4 2
Printed by LSC Communications, United States of America
Contents
Acknowledgments vii
Introduction 1
1. The Founder 14
2. Shadow Diplomacy 32
3. War by Other Means 48
4. Chasing Respectability 64
5. Between Truth and Lies 82
6. Diplomacy in Retreat 96
7. Selective Integration 115
8. Rethinking Capitalism 132
9. The Fightback 148
10. Ambition Realized 171
11. Overreach 193
Conclusion 225
Notes 231
Index 289
Acknowledgments
Of the many ways that attempting to write a book has humbled me, two stand
out. One is learning just how much help I needed. The other is how lucky
I am to be surrounded by people willing to provide it.
Jim McGregor took a chance on me a decade ago and has been a friend
and mentor ever since. “Just slop it out” proved to be the sagest of all the
advice I received during the drafting process (any remaining slop is my re-
sponsibility alone). My dear friend David Cohen deserves a running foot-
note throughout this book and everything else I write.
I likely would not have begun this project without the early encourage-
ment of Charles Edel over dinner at Founding Farmers in DC. I would
certainly never have seen it through without the unstoppable insight and en-
thusiasm of Jude Blanchette. Ken Wills, Lucy Hornby, Ting Shi, James Green,
Steven Lee Myers, Nerys Avery, and Tom Pomeroy all struggled through
early drafts, which must at times have been painful to read. They all offered
invaluable advice and encouragement.
The book also benefited tremendously from the input of the following
people whose expertise and experience improved the manuscript’s style and
substance: Chris Anstey, Alec Ash, Antony Best, Matt Campbell, Andrew
Chubb, Alan Crawford, Rush Doshi, Alex Farrow, Carla Freeman, Chas
Freeman Jr., Karl Gerth, Clara Gillispie, Andy Heath, Tim Heath, Ken Jarrett,
Jeremiah Jenne, Betsy Joles, Dan Ten Kate, Jeff Kearns, Wes Kosova, James
Mayger, Trey McArver, Richard McGregor, Jessica Meyers, Will Millard,
Colum Murphy, Lance Noble, Junni Ogborne, Lena Schipper, Brendan Scott,
Charlie Seath, Gerry Shih, Katie Stallard-Blanchette, David Wainer, Bob
Wang, Dennis Wilder, and Keith Zhai.
I owe an immense vote of thanks to the many dozens of people who spoke
to me during the course of this project who are either named in the footnotes
or chose to remain anonymous. I would also like to thank Wang Wei, my
wonderful Chinese teacher of many years who tolerates my strange desire to
master Party-speak.
I am grateful to the Bloomberg Politics team for being supportive of this
project, especially Brendan Scott, Dan Ten Kate, Ros Mathieson, and Wes
viii Acknowledgments
Kosova. Kristin Powers and Samantha Boyd have also been generous with
their time and provided useful advice. All of the opinions in the book,
though, are mine alone. Thank you also to David McBride and Holly Mitchell
at Oxford University Press for commissioning this project and patiently
helping me see it through to the end.
I would like to thank my partner, Alexandra, for being my best friend
and constant inspiration, and my brother, Graham, for being a rock. Finally,
I would like to thank my parents to whom I owe more than they will ever
know. This book is dedicated to them.
Introduction
It was late afternoon when Rimbink Pato, Papua New Guinea’s foreign min-
ister, heard a loud commotion outside his door. Seconds later, four Chinese
diplomats burst uninvited into his office, demanding last-minute changes to
the communiqué of the 2018 Asia-Pacific Economic Cooperation summit,
the Pacific’s most important economic and political forum.
For Papua New Guinea to have even hosted a meeting of APEC, whose
members represent around 60 percent of the world’s GDP, was a feat in itself.
The sprawling archipelagic nation in the middle of the South Pacific has a
population of just 8.6 million people and is among the poorest on earth. With
850 languages and more than 600 islands, it was difficult to govern at the best
of times. The capital Port Moresby had a reputation for violence, prompting
the country’s southern neighbor and former colonial overlord Australia to
provide security for the event by stationing a warship in the harbor.
China had been meticulously building its influence in the resource-
rich nation for years, ramping up investment and building infrastructure.
Chinese loans had funded hospitals, schools, and hydropower stations across
the country. By the time the summit took place in November 2018, the na-
tion owed a quarter of its external debt to Beijing.1 Further afield, China was
promising more than $100 billion to finance infrastructure projects across
the Pacific and Eurasia under its Belt and Road Initiative.2
It looked like the event would be an easy win for Xi Jinping, the presi-
dent of China and head of the ruling Communist Party. President Donald
Trump skipped the meeting, sending Mike Pence, the vice president, instead.
Pence spent little time on the ground, instead stationing himself in nearby
Cairns inland from Australia’s Great Barrier Reef because of concerns about
violence.
Xi was the first foreign leader to land in Port Moresby. Ahead of his ar-
rival, local newspapers carried an op-ed in his name, which hailed the “rapid
growth” in ties as the “epitome of China’s overall relations with Pacific island
countries.”3
2 China’s Civilian Army
meeting undoing much of the goodwill the United States had developed
in the region. Within days of his January 2017 inauguration, he had with-
drawn from the Trans-Pacific Partnership, a twelve-nation trade deal that
aimed to help America compete with China’s engagement in Asia. He’d gone
on to launch a trade war with China, forcing Pacific nations to choose be-
tween two powers they could not afford to offend. The president had also
personally insulted America’s partners across the region, hanging up halfway
through a January 2017 phone call with Australian prime minister Malcolm
Turnbull and branding Canada’s Trudeau “very dishonest” and “weak.” But
instead of taking advantage of the opportunity, China emerged from APEC
looking ever-more like a bully. Its diplomats—the very people who should
have been most concerned about their country’s reputation—only seemed to
be making matters worse.
The APEC debacle was just one of a series of setbacks for Chinese diplo-
macy in the months before and after the summit. Two months earlier, at the
Pacific Islands Forum in the Micronesian microstate of Nauru, China’s envoy
had walked out of a meeting when the host refused to let him speak ahead
of another nation’s prime minister. The president of Nauru described the
Chinese diplomat as “very insolent” and a “bully.”9
In the months after the Papua New Guinea incident, China’s ambassador
to Canada publicly accused his hosts of “white supremacy.” China’s chief em-
issary in South Africa declared that Donald Trump’s policies were making
the United States the “enemy of the whole world.” Its representative in
Sweden, Gui Congyou, labeled the country’s police “inhumane” and blasted
its “so-called freedom of expression.” In the space of just two years, Gui was
summoned by Sweden’s foreign ministry more than forty times while three
of the country’s political parties called for him to be expelled. Unabashed, he
told Swedish public radio, “we treat our friends with fine wine, but for our
enemies we have shotguns.”10
While these aggressive displays won plaudits at home, they compromised
China’s efforts to cast itself as a peaceful power. The foreign media began to
brand this new confrontational approach “wolf warrior diplomacy” after a
series of Chinese action movies that depicted Rambo-like heroes battling
China’s enemies at home and abroad. The second in the series, Wolf Warrior
2, told the story of a group of People’s Liberation Army soldiers sent to rescue
stranded Chinese civilians in a war-torn African nation. The 2017 movie
was a huge success for China’s film industry, making more than $854 mil-
lion at the domestic box office.11 Its tagline read, “Even though a thousand
4 China’s Civilian Army
miles away, anyone who affronts China will pay.”12 The moniker captured the
intimidating and sometimes bewildering nature of Chinese diplomacy as
seen by the outside world, and it stuck.
The behavior of Chinese diplomats grew even more combative as Covid-
19 spread around the world in early 2020. Beijing’s envoys hit back hard at
suggestions China was to blame for the spread of the virus. Some did so on
Twitter: “You speak in such a way that you look like part of the virus and
you will be eradicated just like virus. Shame on you,” Zha Liyou, China’s
consul-general in Kolkata, India, tweeted at one user who criticized China.13
Others vented their frustration through embassy websites: an anonymously
authored text posted on the website of the Chinese embassy in France falsely
accused French retirement home staff of leaving old people to die, sparking
public anger in France and a rebuke from the country’s foreign ministry.14
Most provocatively of all, Zhao Lijian, a recently appointed foreign ministry
spokesman, suggested that the virus might have been spread deliberately by
the US Army, prompting fury in Donald Trump’s Oval Office and worldwide
alarm about Beijing’s role in spreading disinformation.15
The behavior of Chinese diplomats helped fuel a global backlash against
Beijing. Reinhard Buetikofer, a German lawmaker who chairs the European
Parliament’s delegation for relations with China, said the foreign ministry’s
“extremely aggressive” behavior combined with the Communist Party’s
“hard line propaganda” had helped turn European opinion against the Asian
nation. Its conduct, he said, spoke to the “pervasiveness of an attitude that
does not purvey the will to create partnerships, but the will to tell people
what to do.”16 A global poll released in October 2020 showed that negative
perceptions of China hit record highs in the United States and eight other
developed economies including Germany, Britain, South Korea, Australia,
and Canada.17
These setbacks matter. As global politics is increasingly defined by Sino-
American rivalry, the ability to compete diplomatically will help shape the
history of the twenty-first century. Taken together with economic, mili-
tary, technological, and ideological prowess, diplomacy is a key part of what
makes any power great. American strategists have long defined it as a core
element of any nation’s power: diplomatic, informational, military, and eco-
nomic capabilities are often reduced to the acronym “DIME.”18
Chinese diplomats play an outsized role in representing the country
abroad. The Communist Party’s top leaders speak to the world through a
blend of empty-sounding platitudes about “win-win” cooperation or Marxist
Introduction 5
slogans that fall flat with foreign audiences, while China’s civil society is too
tightly constrained to present its own alternative. NGOs are closely regu-
lated, while the country’s media and cultural industries are heavily censored,
and its business leaders studiously avoid politics. While the foreign ministry
is widely seen as a weak bureaucratic player at home, on many crucial global
issues, its diplomats are the face of the Chinese state to the world.
China knows diplomacy is important and it’s spending big to compete.
Between 2012 and 2017, Beijing nearly doubled its spending on diplo-
macy to $7.8 billion, even as the United States slashed funding for the State
Department.19 In 2019, its diplomatic network overtook that of the United
States, with 276 embassies and consulates around the world. Just three years
earlier it had ranked third behind America and France.20 Still, instead of win-
ning friends, its “wolf warrior” diplomats have become symbols of the threat
posed by a rising China.
***
To understand what’s going wrong, we need to step into the shoes of the
country’s diplomats. Chinese envoys are behaving so undiplomatically be-
cause they are unable to extricate themselves from the constraints of a se-
cretive, paranoid political system which rewards unquestioning loyalty and
ideological conviction. While their actions can sometimes seem aggressive—
even bizarre—from the outside, they make perfect sense when seen from a
domestic perspective. Understanding why involves looking at how China’s
political system has shaped the behavior of its diplomats since the earliest
days of the People’s Republic.
In 1949, Mao Zedong established Communist China after decades of
bitter political struggle with Nationalist Party (Kuomintang) rivals. The
Communists had spent much of this time living secretive, underground lives
in fear of capture and persecution. After being nearly obliterated in 1934,
they were forced into a humiliating retreat across China’s remote heartlands
before rebuilding their revolutionary movement and eventually seizing on
Japan’s 1937 invasion to stage a comeback. Despite the Communist Party’s
eventual victory in 1949, the new regime feared that its rule could be
undermined by class enemies at home. What’s more, it faced the threat of in-
vasion by the Kuomintang, which had established a new capital on the island
of Taiwan, and an increasingly hostile, anti-communist United States.
Still, Mao’s new regime badly needed to build bridges with the outside
world. Establishing ties with capitalist nations would strengthen its claim
6 China’s Civilian Army
diplomat, described it as “the art of letting someone else have your way.” Chas
Freeman, a veteran American diplomat, elaborated on the point: “Diplomacy
is a political performing art that informs and determines the decisions of
other states and peoples. It shapes their perceptions and calculations so that
they do what we want them to do because they come to see doing so as in
their own best interest.”28
Judged by these standards, China’s political system sets severe limits on the
performance of its diplomats. Ultimately, it’s a system that’s better at silencing
critics than persuading others to share its point of view, a system that leaves
the Party with tremendous international influence but few true friends. This
is true for China on a state-to-state level—the closest thing it has to an alli-
ance is with North Korea; its closest relationship is with Pakistan. It’s also true
on a personal level: “You know, I don’t think I ever really got to know anyone
well,” another senior European official said at the end of a four-decade ca-
reer dealing with Chinese diplomats. “I played tennis with a couple of people
in the 1990s, but I wasn’t able to sustain those relationships. There’s no one
I could really call a friend.”
The system performs particularly badly at times of political tension in
Beijing, when Chinese diplomats find themselves more concerned with
avoiding charges of disloyalty than improving their country’s reputation.
These periods of political uncertainty at home have often been accompa-
nied by the forceful assertion of domestic ideologies on the global stage—
regardless of the reputational consequences for China. This impulse played
out most dramatically during the 1966– 1976 Cultural Revolution. As
diplomats watched Mao push Chinese politics in an ever more radical di-
rection, they followed his lead in their interactions with foreigners by
barking slogans and handing out copies of the Chairman’s “Little Red Book.”
Eventually, the tight discipline of the foreign ministry broke down so com-
pletely that junior diplomats locked ambassadors in cellars, forced them to
clean toilets, and beat them until they coughed up blood.
Today, as Xi Jinping pushes China in a more authoritarian direction
at home and promotes a new, more assertive, role for the country abroad,
many of the forces that previously held back China’s diplomatic progress are
once again resurfacing. Unlike Mao, Xi favors domestic order over radical
rebellion. Above all, he seeks political security for himself and a state appa-
ratus that is responsive to his needs. In October 2016, the Communist Party
declared Xi its “core leader,” a title that had eluded his predecessor, Hu Jintao,
and signaled the demise of collective leadership in the Party. In March 2018,
10 China’s Civilian Army
it abolished term limits for the presidency, clearing the way for Xi to remain
in power for life. These changes mean that any ambitious diplomat must ap-
pear to be on the right side of Xi’s political agenda, as there is little prospect
of waiting him out.
The costs of getting on the wrong side of Xi have also become ever more
apparent. Under Xi, Chinese politics has become an increasingly repres-
sive and frightening place. Since 2012, as part of an anti-graft campaign
that treats political disloyalty as a form of corruption, more than 1.5 mil-
lion officials have been punished. That’s around four times the population
of Iceland. Diplomats have had to sit through “self-criticism” sessions in the
foreign ministry and “inspection tours” that test their loyalty to the Party and
willingness to follow orders.29 As such, the impulse for Chinese diplomats to
follow Xi’s lead is rooted in fear as well as ambition.
The easiest way for diplomats to work toward Xi’s wishes is to assert
Chinese interests forcefully on the world stage. Even before Xi became
president, he used a February 2009 trip to Mexico to complain about
“foreigners with full bellies who have nothing better to do than point the
finger” at China’s human rights record.30 One of his first acts after be-
coming leader of the Communist Party in November 2012 was to lay out
an agenda for “the great rejuvenation of the Chinese nation,” signaling his
ambitions for the country to retake its rightful place in the world. Since
then, he has repeatedly instructed diplomats to stand up for China more
aggressively than they did in the past, even crafting handwritten notes
instructing them to show more “fighting spirit.”31
As a result, the country’s envoys have taken a more assertive and even bel-
ligerent tone to prove their loyalty to the leadership. They have handed out
copies of books about “Xi Jinping Thought” at diplomatic events, echoing the
way their predecessors behaved with Mao’s “Little Red Book” more than four
decades earlier; they have waxed lyrical about Xi’s leadership in meetings
with foreign counterparts; and they have shouted at and insulted foreign
politicians rather than risk looking weak. “Beijing rewards diplomats that are
aggressive advocates of China’s views and scorns those that it perceives as
overly timid,” explains Ryan Hass, who served as a China expert on President
Barack Obama’s National Security Council. “We seem to be watching China’s
diplomats matching the mood of the moment in Beijing.”
The trend has become even more pronounced as the world increasingly
questions American leadership. In the space of less than two decades, the
United States’ authority has been dented by foreign policy mistakes in the
Introduction 11
***
Given all this, you might expect Chinese diplomats to relish the “wolf war-
rior” label. They don’t. To many, it’s just the latest example of foreigners
refusing to treat China fairly in the court of international opinion. “We think
it’s really unfair,” said one foreign ministry official. “We work so hard to im-
prove China’s image and explain our policies, but it doesn’t matter what we
say. Whatever we do, America and its allies will criticize us.”33 Le Yucheng,
the foreign ministry’s top vice minister, called the term a “discourse trap that
aims to prevent us from fighting back” in a December 2020 speech. “I suspect
these people have not awoken from their dreams 100 years ago,” he said.34
This frustration is understandable. In terms of credentials, today’s Chinese
diplomats are up there with the best of their international counterparts. Many
hold advanced degrees from Georgetown University or the London School
of Economics, and have spent years mastering foreign languages ranging
from Czech to Bahasa. They have invested much of their lives studying the
countries to which they are posted and often care deeply about China’s repu-
tation. On a personal level, they can be suave, sophisticated, and even funny.
Quietly, many understand that their behavior is contributing to a global
backlash against China. Yuan Nansheng, China’s former consul general in
San Francisco, voiced the concerns of many inside China’s foreign ministry
in September 2020 when he warned that “if we let populism and extreme na-
tionalism flourish freely in China, the international community could misin-
terpret this as Beijing pursuing ‘China First’,” referring to Trump’s “America
First” policy. Yuan called for a return to the low-key approach to diplomacy
the country had followed in the 1990s and early 2000s. “Chinese diplomacy
needs to be stronger, not just tougher,” he said.35
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PERSONAL POLITICS
The view which has been taken of the subject by Beccaria and
other modern writers appears to be erroneous or defective in some of
the most important circumstances relating to this question.
First objection. It is assumed as a general maxim, that, ‘it is not the
intensity of punishment, but its duration, which makes the greatest
impression on the human mind.’
This maxim will be found to be in direct opposition to all
experience, and to every principle of human nature. It supposes that
a number of impressions, feeble in themselves, and dissipated over a
long interval of time, produce a stronger effect upon the mind, than a
single object, however powerful and striking, presented to it at once:
that is, that the passions are excited more by reason than
imagination, by the real, than by the apparent quantity of good or
evil. This principle is indeed, in general, denied by Mr. Bentham, but
admitted by him, as far as relates to the influence of the fear of death
on malefactors. If it be true with respect to them in particular (which
there is reason to doubt,) it is not because the fear of a continued
punishment influences them more than the fear of an intense one,
but because death is to them not an intense punishment.
Again, it has been said, that ‘crimes are more effectually prevented
by the certainty than by the severity of the punishment.’ Now I
cannot think that this is either self-evident, or true universally and in
the abstract. It is not true of human nature in general, and it is still
less so as applied to the more lawless and abandoned classes of the
community. It is evident from the very character of such persons,
that if they are not to be acted upon by violent motives, by what
appeals strongly to their imagination and their passions, they cannot
be acted upon at all, they are out of the reach of all moral discipline.
The dull, sober certainties of common life, and the real consequences
of things when set in competition with any favourite inclination, or
vicious indulgence, they altogether despise. It is only when the
certainty of punishment is immediate, obvious, and connected with
circumstances, which strike upon the imagination, that it operates
effectually in the prevention of crimes. This principle is however
true, as it has been sometimes applied to cases where the law has
become a dead letter. When a moderate punishment is strictly and
vigorously enforced, and a severe punishment is as generally and
systematically evaded, the mind will, undoubtedly, be more affected
by what it considers as a serious reality, than by what it will regard
as an idle threat. So far the principle is true in its application, but no
farther.
First maxim. It is not the real, but the apparent severity of the
punishment which most effectually deters from the commission of
crimes. For this reason, an intense punishment will have more effect
than a continued one, because more easily apprehended. Neither is
the certainty of punishment to be depended on, except when it is
apparent. It is not the calculation of consequences, but their
involuntary and irresistible impression on the mind that produces
action. The laws to prevent crimes must appeal to the passions of
men, and not to their reason: for crimes proceed from passion, and
not from reason. If men were governed by reason, laws would be
unnecessary.
Second objection. It seems to be taken for granted by speculative
writers, (at least the contrary is not stated with sufficient
distinctness) that punishment operates by terror alone, or by the fear
which each individual has of the consequences to himself.
It is indeed a prevailing maxim of philosophy, that self-interest is
the sole spring of action, and it has thus probably been inferred, that
the fear of punishment could only operate on this principle of cool,
calculating self-interest. But it is quite certain that sympathy with
others, whatever may be its origin, is, practically speaking, an
independent and powerful principle of action. The opinions and
feelings of others do actually and constantly influence our conduct,
in opposition to our strongest interests and inclinations. That
punishment, therefore, will not be the most dreaded, nor,
consequently, the most effectual, which is the greatest to the
individual, unless it is at the same time thought so by others, and
expresses the greatest general disapprobation of the crime. Thus,
though a malefactor, consulting only his own inclinations or feelings,
might prefer death to perpetual imprisonment and hard labour, yet
he may regard it as the worst of punishments, in as far as it
demonstrates the greatest abhorrence and indignation in the
community against the crime.
Second maxim. Punishment operates by sympathy, as well as by
terror. Penal laws have a tendency to repress crimes not more by
exciting a dread of the consequences, than by marking the strong
sense entertained by others of their enormity, and the detestation in
which they are held by mankind in general. The most severe laws will
always be the most effectual, as long as they are expressions of the
public sentiment; but they will become ineffectual, in proportion as
the sentiment is wanting. The disproportion between the crime and
the punishment in the public opinion, will then counteract the dread
of the severity of the law. Setting this feeling aside, the most severe
laws will be the most effectual. The argument drawn from the
inefficacy of severe punishments, when inflicted on trifling or
common offences, does not prove that they must be ineffectual, when
applied to great crimes, which rouse the public indignation and
justify the severity.
Third objection. It is farther implied in the foregoing statements,
that the only object of punishment is to prevent actual crimes, or that
those laws are the best, which most effectually answer this end by
deterring criminals.
This I also conceive to be a narrow and imperfect view of the
question, which respects not merely the motives and conduct of
criminals, but the motives and sentiments of the community at large.
It is of the first importance that the ill disposed should be coerced,
but it is also of importance that they should be coerced in such a
manner, and by such means, as it is most consistent with the public
morals to employ. In defending the state, we are not to forget that
the state ought to be worth defending. As the sentiments of society
have a powerful effect in enforcing the laws, so the laws re-act
powerfully on the sentiments of society. This is evident with respect
to barbarous punishments. The evil of a law operating in this way on
manners, by holding out an example of cruelty and injustice,
however effectual it might be found, is not denied. In like manner, a
law falling short of or disappointing the just indignation and moral
sense of the community, is, for the same reason, faulty as one that
exceeds and outrages it. One end of punishment, therefore, is to
satisfy this natural sense of justice in the public mind, and to
strengthen the opinion of the community by its act. As the arm of
justice ought not to be mocked and baffled by the impunity of
offences, so neither ought it to be unnerved by thwarting and
prevaricating with the common sentiments of mankind, or by
substituting remote, indirect, and artificial punishments for obvious
and direct ones. I call a punishment natural when it is dictated by the
passion excited against the crime. A punishment will therefore be the
most beneficial when it arises out of, and co-operates with that
strong sense of right or wrong, that firm and healthy tone of public
sentiment, which is the best preservative against crime.
Illustration. Thus even if it were shewn that perpetual
imprisonment and hard labour would be equally effectual in
deterring malefactors from the commission of murder, it would by
no means necessarily follow, that this mode of punishment would be
preferable to capital punishment, unless it could at the same time be
made to appear that it would equally enforce the principle of the
connexion between the crime and the punishment, or the rule of
natural justice, by which he who shews himself indifferent to the life
of another, forfeits his own. There is a natural and home-felt
connexion between the hardened obduracy which has shewn itself
insensible to the cries of another for mercy and the immediate burst
of indignation which dooms the criminal to feel that he has no claims
on the pity of others: but there is no connexion, because there is no
ascertainable proportion, in the mind either of the criminal or the
public, between the original crime, and the additional half-hour in
the day after the lapse of twenty years, which the malefactor is
condemned to labour, or the lash of the whip which urges him to
complete his heavy task. That reasoning which stops the torrent of
public indignation, and diverts it from its object only to dole it out to
its miserable victim, drop by drop, and day by day, through a long
protracted series of time with systematic, deliberate, unrelenting
severity, is in fact neither wise nor humane. Punishments of this kind
may be so contrived as to intimidate the worst part of mankind, but
they will also be the aversion of the best, and will confound and warp
the plain distinctions between right and wrong.
Third maxim. The end of punishment is not only to prevent actual
crimes, but to form a standard of public opinion, and to confirm and
sanction the moral sentiments of the community. The mode and
degree of the punishment ought, therefore, to be determined with a
view to this object, as well as with a view to the regulation of the
police.
Fourth objection. The theory here alluded to, is farther
objectionable in this, that it makes familiarity with the punishment
essential to its efficacy, and therefore recommends those
punishments, the example of which is the most lasting, and, as it
were, constantly before the eyes of the public, as the most salutary.
On the contrary, those punishments are the best which require the
least previous familiarity with objects of guilt and misery to make
them formidable, which come least into contact with the mind, which
tell at a distance, the bare mention of which startles the ear, which
operate by an imaginary instead of an habitual dread, and which
produce their effect once for all, without destroying the erectness and
elasticity of social feeling by the constant spectacle of the
degradation of the species. No one would wish to have a gibbet
placed before his door, to deter his neighbours from robbing him.
Punishments which require repeated ocular inspection of the evils
which they occasion, cannot answer their end in deterring
individuals, without having first operated as a penance on society.
They are a public benefit only so far as they are a public nuisance.
Laws framed entirely on this principle, would convert the world into
a large prison, and divide mankind into two classes, felons and their
keepers!
Maxim fourth. Those punishments are the best which produce the
strongest apprehension, with the least actual suffering or
contemplation of evil. Such is in general the effect of those
punishments which appeal to the imagination, rather than to our
physical experience; which are immediately connected with a
principle of honour, with the passions in general, with natural
antipathies, the fear of pain, the fear of death, etc. These
punishments are, in Mr. Bentham’s phrase, the most economical;
they do their work with the least expense of individual suffering, or
abuse of public sympathy. Private punishments are, so far, preferable
to public ones.
General inference. There ought to be a gradation of punishments
proportioned to the offence, and adapted to the state of society.
In order to strike the imagination and excite terror, severe
punishments ought not to be common.[66]
To be effectual, from the sympathy of mankind in the justice of the
sentence, the highest punishments ought not to be assigned to the
lowest or to very different degrees of guilt. The absence of the
sanction of public opinion not only deadens the execution of the law,
but by giving confidence to the offender, produces that sort of
resistance to it, which is always made to oppression. The ignominy
attached to the sentence of the law, is thus converted into pity. If the
law is enacted but not enforced, this must either be to such a degree
as to take away the terror of the law, or if the terror still remains, it
will be a terror of injustice, which will necessarily impair the sense of
right and wrong in the community. But if the law is regularly carried
into execution, the effect will be still worse. In general, all laws are
bad which are not seconded by the manners of the people, and laws
are not in conformity with the manners of the people when they are
not executed. This is the case at present with a great proportion of
the English laws. Is it to be wondered at that they should be so?
Manners have changed, and will always change insensibly, and
irresistibly, from the force of circumstances. The laws, as things of
positive institution, remain the same. So that without a constant,
gradual assimilation of the laws to the manners, the manners will, in
time, necessarily become at variance with the laws, and will render
them odious, ineffectual, and mischievous—a clog, instead of a
furtherance to the wheels of justice.
NOTES
FUGITIVE WRITINGS
THE FIGHT
First republished in Literary Remains, vol. II. p. 193. For another
account of the fight and, more particularly, of the journey home, see
P. G. Patmore’s My Friends and Acquaintance, III. 41, et seq. The
fight (between Hickman, the ‘Gas-man’ and Bill Neat) took place on
Dec. 11, 1821. For an account of Tom Hickman (who was thrown
from a chaise and killed in the following December) see Pierce Egan’s
Boxiana, where particulars will be found of all the ‘Fancy’ heroes
referred to by Hazlitt in this essay.
PAG
E ‘The fight,’ etc. Cf. Hamlet, Act II. Sc. 2.
1. Jack Randall’s. Cf. vol. VI. (Table-Talk), note to p. 202.