Mr. Dubois, didn't they have
police? Or courts?
DUBOIS
They had many more police than we
have. And more courts. All
overworked.
RICO
I guess I don't get it . . . Well
if a boy in our city had done
anything half that bad . . . well
he and his father would have been
flogged side by side. But such
things just don't happen.
DUBOIS
Define a "juvenile delinquent".
RICO
Uh, one of those kids---the ones
who used to beat up people.
DUBOIS
Wrong.
RICO
Huh? But the book said---
DUBOIS
My apologies. Your textbook does
so state. But calling a tail a leg
does not make the name fit.
"Juvenile delinquent" is a
contradiction in terms, one which
gives a clue to their problem and
their failure to solve it. Have
you ever raised a puppy?
RICO
Yes, sir.
DUBOIS
Did you housebreak him?
RICO
Err . . . yes, sir. Eventually.
DUBOIS
Ah, yes. When your puppy made
mistakes, were you angry?
RICO
What? Why, he didn't know better;
he's just a puppy.
DUBOIS
What did you do?
RICO
Why, I scolded him and rubbed his
nose in it.
DUBOIS
Surely he could not understand your
words?
RICO
No, but he could tell I was sore at
him!
DUBOIS
But you just said you were not
angry.
RICO
No, but I had to make him Think I
was. He had to learn didn't he?
DUBOIS
Conceded. But you said that the
poor beastie didn't know that he
was doing wrong, that he did not
understand you. Justify yourself!
Or are you a sadist?
RICO
Mr. Dubois, you Have to! You scold
him so that he knows he's in
trouble, you rub his nose in it so
that he will know what trouble you
mean, so that he darn well won't do
it again---and you have to do it
right away! It doesn't do a bit of
good to punish him later; you'll
just confuse him. Even so, he
won't learn from one lesson, so you
watch and catch him at it again and
pretty soon he learns. But it's a
waste of breath just to scold him.
I guess you've never raised pups.
DUBOIS
Many. I'm raising a dachshund
right now---by your methods. Let's
get back to those juvenile
criminals. The most vicious
averaged somewhat younger than you
here in this class . . . and they
often started their lawless careers
much younger. Let us never forget
that puppy. These children were
often caught; police arrested
batches each day. Were they
scolded? Yes, often scathingly.
Were their noses rubbed in it?
Rarely. News organs and officials
usually kept their names secret---
in many places the law so required
for criminals under eighteen. Were
they flogged? Indeed not!
Flogging was lawful as sentence of
court only in one small province,
Delaware, and there for only a few
crimes, and rarely invoked; it was
regarded as "cruel and unusual
punishment.'
Dubois pauses.
DUBOIS
(Cont.)
I do not understand objections to
"cruel and unusual" punishment.
While a judge should be benevolent
in purpose, his awards should cause
the criminal to suffer, else there
is no punishment---and pain is the
basic mechanism built into us by
millions of years of evolution
which safeguards us by warning when
something threatens our survival.
Why should society refuse to use
such a highly perfected survival
mechanism? However, that period
was loaded with pre-scientific
pseudo-psychological nonsense.
As for "unusual', punishment Must
be unusual or it serves no purpose.
Dubois points his stump at a BOY.
DUBOIS
(Cont.)
What would happen if a puppy were
spanked every hour?
BOY
Uh . . . probably drive him crazy!
DUBOIS
Probably. It certainly will not
teach him anything. How long has
it been since the principle of this
school last had to switch a pupil?
BOY
Uh, I'm not sure About two years.
The kid that swiped---
DUBOIS
Never mind. Long enough. It means
that such punishment is so unusual
as to be significant, to deter, to
instruct. Back to these young
criminals---they certainly were not
flogged for their crimes. The
usual sequence was; for the first
offence, a warning---a scolding,
often without trial. After several
offences, a sentence of
confinement, but with the youngster
placed on probation. A boy might
be arrested many times and
convicted several times before he
was punished---and then it would
merely be confinement, with others
like him from whom he learned still
more criminal habits. If he kept
out of major trouble while
confined, he could usually evade
most of even that mild punishment,
be given probation---"paroled" in
the jargon of the times.
This incredible sequence could go
on for years while his crimes
increased in frequency and
viciousness, with no punishment
whatever save rare dull-but-
comfortable confinements. Then
suddenly, usually by law on his
eighteenth birthday, this so called
"juvenile delinquent" becomes an
adult criminal---and sometimes
would up in only weeks or months in
a death cell awaiting execution for
murder.
Dubois points at Rico.
DUBOIS
(Cont.)
You---Suppose you merely scolded
your puppy, never punished him, let
him go on making messes in the
house . . . and occasionally locked
him up on an outbuilding but soon
let him back into the house with a
warning not to do it again. Then
one day you notice that he is now a
grown dog and Still not
housebroken---whereupon you whip
out a gun and shoot him dead.
Comment, please?
RICO
Why . . . that's the craziest way
to raise a dog I ever heard of!
DUBOIS
I agree. Or a child. Whose fault
would it be?
RICO
Uh . . . why, mine, I guess.
DUBOIS
Again, I agree. But I'm not
guessing.
A GIRL blurts out a question
GIRL
Mr. Dubois, but why? Why didn't
they flog any of the kids who
deserved it---the sort of lesson
they wouldn't forget! I mean ones
who did things Really bad. Why
not?
DUBOIS
I don't know. Except that the
time-tested method of instilling
social virtue and respect for law
in the minds of the young did not
appeal to a pre-scientific pseudo-
professional class who called
themselves "social workers" or
sometimes "child psychologists".
It was too simple for them,
apparently, since anybody could do
it, using only the patience and
firmness needed in training a
puppy. I have sometimes wondered
if they cherished a vested interest
in disorder---but that is highly
unlikely; adults must always act
from conscious "highest motives" no
matter what their behavior.
GIRL
But---Good heavens! I don't ever
expect to be hauled up in front of
a judge and sentenced to a
flogging; you behave yourself and
things don't happen. I don't see
what's wrong with our system; it's
a lot better than not being able to
walk outdoors for fear of your
life---why, that's Horrible!
DUBOIS
I agree. Young lady, the tragic
wrongness of what those well-
meaning people did, contrasted with
what they Thought they were doing,
goes very deep. They had no
scientific theory of morals. They
did have a theory of morals and
they tried to live by it (I should
not have sneered at their motives),
but their theory was wrong---half
of it fuzzy headed wishful
thinking, half of it rationalized
charlatanry. The more earnest they
were, the further it led them
astray. You see, the assumed that
Man has a moral instinct.
GIRL
Sir? I thought---But he does! *I*
have.
DUBOIS
No, my dear, you have a cultivated
conscience, a most carefully
trained one. Man has No Moral
Instinct. He is not born with a
moral sense. You were not born
with it, I was not---and a puppy
has none. We Acquire moral sense,
when we do, through training,
experience, and hard sweat of the
mind. These unfortunate juvenile
criminals were born with none, even
as you and I, and they had no
chance to acquire any; their
experiences did not permit it.
What is "moral sense'? It is an
elaboration of the instinct to
survive. The instinct to survive
is human nature itself, and every
aspect of our personalities derives
from it. Anything that conflicts
with the survival instinct acts
sooner or later to eliminate the
individual and thereby fails to
show up in future generations.
This truth is mathematically
demonstrable, everywhere
verifiable, it is the single
eternal imperative controlling
everything we do.
But the instinct to survive can be
cultivated into motivations more
subtle and much more complex than
the blind, brute urge of the
individual to stay alive. Young
lady, what you miscalled your
"moral instinct" was the instiling
in you by your elders of he truth
that survival can have more
imperatives than that of your own
personal survival. Survival of you
family, for example. Of your
children, when you have them. Of
your nation, if you struggle that
high up the scale. And so on up.
A scientifically verifiable theory
of morals must be rooted in the
individual's instinct to survive---
And Nowhere Else!---and must
correctly describe the hierarchy of
survival, note the motivations at
each level, and resolve all
conflicts.
We have such a theory now; we can
solve any moral problem, on any
level. Self-interest, love of
family, duty to country,
responsibility toward the human
race---we are even developing an
exact ethic for extra-human
relations. But all moral problems
can be illustrated by just one
misquotation: "Grater love hath no
man than a mother cat dying to
defend her kittens." Once you
understand the problem facing that
cat and how she solved it, you will
then be ready to examine yourself
and learn how high up the moral
ladder you are capable of climbing.
These juvenile criminals hit a low
level. Born with only the instinct
for survival, the highest morality
they achieved was a shaky loyalty
to a peer group, a street gang.
But the do-gooders attempted to
"appeal to their better natures',
to "reach them', to "spark their
moral sense." Tosh!! they Had no
"better natures'; experience taught
them that what they were doing was
the way to survive. The puppy
never got his punishment, therefore
what he did with pleasure and
success must be "moral".
The basis of all morality is duty,
a concept with the same relation to
a group that self interest has to
individual. Nobody preached duty
to these kids in a way that they
could understand---that is, with
punishment, with flogging if need
be. But the society they were in
told them endlessly about their
"rights".
The results should have been
predictable, since a human being
has No Natural Rights Of Any
Nature."
The boy from before takes the bait
BOY
Sir? how about "life, liberty and
the pursuit of happiness?"
DUBOIS
Ah, yes, the "unalienable rights".
Each year someone quotes that
magnificent poetry. Life? What
"right" to life has a man who is
drowning in the Pacific? The ocean
will not harken to his cries. What
"right" to life has a man who must
die if he is to save his children?
If he chooses to save his own life,
does he do so as a matter of
"right"? If two men are starving
and cannibalism is the only
alternative to death, which man's
right is "unalienable"? And is it
"right"? As to liberty, the heroes
who signed the great document
pledged themselves to Buy liberty
with their lives. Liberty is Never
unalienable; it must be redeemed
regularly with the blood of
patriots or it Always vanishes. Of
all the so called natural human
rights that have ever been
invented, liberty is least likely
to be cheap and is Never free of
cost.
The third "right"?---the "pursuit
of happiness"? It is indeed
unalienable but it is not a right;
it is simply a universal condition
which tyrants cannot take away nor
patriots restore. Cast me into a
dungeon, burn me at the stake,
crown me king of kings, I can
"pursue happiness" as long as my
brain lives---but neither gods nor
saints, wise men nor subtle drugs,
can insure that I will catch it.
Dubois then turns to Rico.
DUBOIS
(Cont.)
I told you that "juvenile
delinquent" is a contradiction in
terms. "Delinquent" means "failing
in duty". But Duty is an Adult
virtue---indeed a juvenile becomes
an adult when, and only when, he
acquires a knowledge of duty and
embraces it as dearer than the
self-love he was born with.
EXT. CAMP---NIGHT
Guards are making patrols.
DUBOIS
(Cont., V.O.)
There never was, there cannot be, a
"juvenile delinquent". But for
every juvenile criminal there are
always one or two more adult
delinquents---people of mature
years who either do not know their
duty, or who, knowing it, fail.
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