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During my stay in the United States, I witnessed the spontaneous formation of committees in a country for the pursuit and prosecution of a man who had committed a great crime. In Europe, a criminal is an unhappy man who is struggling for his life against the agents of power, whilst the people are merely a spectator of the conflict: in America, he is looked upon as an enemy of the human race, and the whole of mankind is against him.
There is a crucial difference between the criminal and the outlaw. The criminal is a perverse rebel who acts out against the law. … The outlaw is a supranormal individual who cares about others too much to accept the limitations on eros that are imposed by normal life. Thus the outlaw question moves outside end beyond, not against the law. While the rebel is an antinomian, merely rejecting the established, the outlaw is motivated by a quest for autonomy.
Criminology, the study of crime and its causes, has a fundamental weak spot: it studies that proportion of the criminal population who are stupid or unlucky enough to get caught. The perfect criminal, should he or she exist, would be the one who is never apprehended—indeed, the one whose crimes may be huge but unnoticed, or indeed miscategorized as not crimes at all because they are so powerful they sway the law in their favor, or so clever they discover an immoral opportunity for criminal enterprise before the legislators notice it. Such forms of criminality may be indistinguishable, at a distance, from lawful business; the criminal a paragon of upper-class virtue, a face-man for Forbes.
Many races, owing to the manner in which life has been evolved, are by nature criminal, just like a lot of individual men and women. Their existence is a continual menace to the peace and well-being of the world. The fullness of their lives is dependent upon the emptiness and destruction of others. The mosquito and the tiger, the rattle-snake and the 'sportsman,' are criminals of this kind. The same thing is true of predatory animals generally.
An attempt to create a new conceptual terrain for imagining alternatives to imprisonment involves the ideological work of questioning why "criminals" have been constituted as a class and, indeed, a class of human beings undeserving of the civil and human rights accorded to others. Radical criminologists have long pointed out that the category "lawbreakers" is far greater than the category of individuals who are deemed criminals since, many point out, almost all of us have broken the law at one time or another.
The criminals who, in the face of contumely, hatred or violence, have led the world to a higher standard and brought humanity to a diviner order, have so loved truth and righteousness as to defy the law, and in every age these men have met the life of outcasts, and the death of felons. Whatever may be said of the necessity of government to protect itself, no one can believe that any human being merits punishment for following his own highest ideal. Punishment can only be in any wise defended upon the theory that the individual is untrue to himself, that his heart is bad. But all schemes of human punishment seem specially contrived to exempt this class of men. Those who are untrue to themselves find no difficulty in obeying the state, or at least in seeming to be subservient to its laws. The cunning man without strong convictions of right and wrong can always find ample room to operate his trade inside the dead line the law lays down. Even Blackstone wrote that a man who governed his conduct solely by the law was neither an honest man nor a good citizen. The penal code cannot pretend to cover all the vicious acts of men. If there is a distinction between vicious acts and righteous acts, each are so numerous that even to catalogue them would be beyond the power of the state.
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To the American mass-mind the word "outlaw" triggers notions of the Wild West. Notions, by the way, planted there by a Jewish Hollywood. But an outlaw in real life, in the present day, need not be a person trying to exist in a bygone time and he need not necessarily be even a fugitive or a desperado. An outlaw is only a person who exists outside the law. The question then becomes one of: What law, whose law? The "law" presently, as it has been for many years, is no more than a tool of repression in the hands of an alien. Enemy regime. One can be a passive outlaw without bringing down the forces of Big Brother on one's head. However, are not ALL true revolutionaries outlaws?
In the estimation of good orthodox Christians I am a criminal, because I am trying to take from loving mothers, fathers, brothers, sisters, husbands, wives, and lovers the consolations naturally arising from a belief in an eternity of grief and pain. I want to tear, break, and scatter to the winds the God that priests erected in the fields of innocent pleasure — a God made of sticks called creeds, and of old clothes called myths. I shall endeavor to take from the coffin its horror, from the cradle its curse, and put out the fires of revenge kindled by an infinite fiend. Is it necessary that Heaven should borrow its light from the glare of Hell? Infinite punishment is infinite cruelty, endless injustice, immortal meanness. To worship an eternal gaoler hardens, debases, and pollutes even the vilest soul. While there is one sad and breaking heart in the universe, no good being can be perfectly happy.
In existing criminology there are concepts: a criminal man, a criminal profession, a criminal society, a criminal sect, and a criminal tribe; but there is no concept of a criminal state, or a criminal government, or criminal legislation. Consequently, the biggest crimes actually escape being called crimes.
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