Chapter I: Preface

It is not claimed that the following pages contain any new ideas. They were inspired by the writings of Tolstoy, who was the first, and in fact the only, author of my acquaintance who ever seemed to me to place the doctrine of non-resistance upon a substantial basis. After reading Tolstoy I determined to make a careful study of the subject, but on a thorough search of book stores and libraries could find next to nothing dealing with the question, while the shelves were crowded with literature extolling the glories of war and the beneficence of patriotism.

The first part of this volume which deals with the state is very fragmentary, and in no wise so complete as can be found in many other volumes, but in the portion which deals with crime and punishment, I have found a much newer field, and one which has generally been discussed by those who have little practical knowledge of the machinery of courts of justice.

It has been my purpose to state the reasons which appeal to me in support of the doctrine of non-resistance, rather than to give authorities to sustain the theories advanced. Still, I believe that the student who is interested in the subject of criminology, and wishes to carefully investigate crime and punishment, will find that most of the great historians, philosophers, and thinkers will amply corroborate the views herein set forth, as to the cause of crime, and the evil and unsatisfactory results of punishment.

CLARENCE S. DARROW.

CHICAGO, November 1, 1902.

CONTENTS

Chapter Page

I. THE NATURE OF THE STATE 11

II. ARMIES AND NAVIES 20

III. THE PURPOSE OF ARMIES 33

IV. CIVIL GOVERNMENT 41

V. THEORY OF CRIME AND PUNISHMENT 51

VI. REMEDIAL EFFECTS OF PUNISHMENT 59

VII. CAUSE OF CRIME 77

VIII. THE PROPER TREATMENT OF CRIME 92

IX. IMPOSSIBILITY OF JUST JUDGMENT 98

X. THE JUDGE OF THE CRIMINAL 106

XI. THE MEASURE OF PUNISHMENT 112

XII. WHO DESERVES PUNISHMENT 127

XIII. NATURAL LAW AND CONDUCT 131

XIV. RULES GOVERNING PENAL CODES AND THEIR VICTIMS 141

XV. THE MACHINERY OF JUSTICE 153

XVI. THE RIGHT TREATMENT OF VIOLENCE 165

Resist Not Evil