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Second EssayGuilt, Bad Conscience and Related Matters11
Now a critical word about a recently published attempt to find the origin of justice in quite a different place - that is, in resentment. But first let me speak a word in the ear of the psychologists, provided that they have any desire to study resentment itself up close for once: this plant grows most beautifully nowadays among anarchists and anti-Semites - in addition, it blooms, as it always has, in hidden places, like the violet, although it has a different fragrance. And since like always has to come out of like, it is not surprising to see attempts coming forward from just such circles (see above, p. 30 [First Essay]) to sanctify revenge under the name of justice, as if justice were basically simply a further development of a feeling of being injured [Verletzt-seins], and to bring belated respect to emotional reactions generally, all of them, using the idea of revenge.
With this last point I personally take the least offence. It even seems to me a service, so far as the entire biological problem is concerned (in connection with which the worth of these emotions has been underestimated up to now). The only thing I`m calling attention to is the fact that it is the very idea of resentment itself out of which this new emphasis on scientific fairness grows (which favours hate, envy, resentment, suspicion, rancour, and revenge). This "scientific fairness," that is, ceases immediately and gives way to tones of mortal enmity and prejudice as soon as it deals with another group of emotions which, it strikes me, have a much higher biological worth than those reactive ones and which therefore have earned the right to be scientifically assessed and given a high value - namely, the truly active emotions like desire for mastery, acquisitiveness, and so on (E. Dühring, The Value of Life: A Course in Philosophy, the whole book really). So much against this tendency in general.
But in connection with Dühring`s single principle that we must seek the homeland of justice in the land of the reactive feeling, we must, for love of the truth, rudely turn this around by setting out a different principle: the last territory to be conquered by the spirit of justice is the land of the reactive emotions! If it is truly the case that the just man remains just even towards someone who has injured him (and not just cold, moderate, strange, indifferent: being just is always a positive attitude), if under the sudden attack of personal injury, ridicule, and suspicion, the gaze of the lofty, clear, deep, and benevolent objectivity of the just and judging eye does not grow dark, well, that`s a piece of perfection and the highest mastery on earth, even something that it would be wise for people not to expect and certainly not to believe in too easily.
It`s certainly true that, on average, even among the most just people even a small dose of hostility, malice, insinuation is enough to make them see red and chase fairness out of their eyes. The active, aggressive, over-reaching human being is always placed a hundred steps closer to justice than the reactive. For him it is not even necessary in the slightest to estimate an object falsely and with bias, the way the reactive man does and must do. Thus, as a matter of fact, at all times the aggressive human being - the stronger, braver, more noble man—has always had on his side a better conscience as well as a more independent eye. And by contrast, we can already guess who generally has the invention of "bad conscience" on his conscience - the man of resentment!
Finally, let`s look around in history: up to now in what area has the whole implementation of law in general as well as the essential need for law been at home? Could it be in the area of the reactive human beings? That is entirely wrong. It is much more the case that it`s been at home with the active, strong, spontaneous, and aggressive men. Historically considered, the law on earth - let me say this to the annoyance of the above-mentioned agitator (who himself once made the confession "The doctrine of revenge runs through all my work and efforts as the red thread of justice") - represents that very struggle against the reactive feelings, the war with them on the part of active and aggressive powers, which have partly used up their strength to put a halt to or restrain reactive pathos and to compel some settlement with it.
Everywhere where justice is practised, where justice is upheld, we see a power stronger in relation to a weaker power standing beneath it (whether with groups or individuals) seeking a means to bring an end among the latter to the senseless rage of resentment, partly by dragging the object of resentment out of the hands of revenge, partly by setting in the place of revenge a battle against the enemies of peace and order, partly by coming up with compensation, proposing it, under certain circumstances making it compulsory, sometimes establishing certain equivalents for injuries as a norm, which from now on resentment has to deal with once and for all.
The most decisive factor, however, which the highest power carries out and sets in place against the superior power of the feelings of hostility and animosity - something that power always does as soon as it feels itself strong enough - is to set up laws, the imperative explanation of those things which, in its own eyes, are considered allowed and legal and which are considered forbidden and illegal. In the process, after the establishment of the law, the authorities treat attacks and arbitrary acts of individuals or entire groups as an outrage against the law, as rebellion against the highest power itself, and they steer the feelings of those beneath them away from the immediate damage done by such outrages and thus, in the long run, achieve the reverse of what all revenge desires, which sees only the viewpoint of the injured party and considers only that valid. From now on, the eye becomes trained to evaluate actions always impersonally, even the eye of the harmed party itself (although this would be the very last thing to occur, as I have remarked earlier).
Consequently, only with the setting up of the law is there a "just" and "unjust" (and not, as Dühring will have it, from the time of the injurious action). To talk of just and unjust in themselves has no sense whatsoever - it`s obvious that in themselves harming, oppressing, exploiting, destroying cannot be "unjust," insofar as life essentially works that way, that is, in its basic functions it harms, oppresses, exploits, and destroys - and cannot be conceived at all without these characteristics. We must acknowledge something even more alarming - the fact that from the highest biological standpoint, conditions of law must always be exceptional conditions, partial restrictions on the basic will to live, which is set on power - they are subordinate to the total purpose of this will as its individual means, that is, as means to create a larger unit of power. A legal system conceived of as sovereign and universal, not as a means in the struggle of power complexes, but as a means against all struggles in general, something along the lines of Dühring`s communist cliché in which each will must be considered as equal to every will, that would be a principle hostile to life, a destroyer and dissolver of human beings, an assassination attempt on the future of human beings, a sign of exhaustion, a secret path to nothingness.
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