The Brothers Karamazov by Fyodor Dostoevsky: Chapter 10

"If it were not for the Church of Christ there would be nothing to restrain the criminal from evil-doing, no real chastisement for it afterwards; none, that is, but the mechanical punishment spoken of just now, which in the majority of cases only embitters the heart; and not the real punishment, the only effectual one, the only deterrent and softening one, which lies in the recognition of sin by conscience."

"How is that, may one inquire?" asked Miusov, with lively curiosity.

"Why," began the elder, "all these sentences to exile with hard labour, and formerly with flogging also, reform no one, and what's more, deter hardly a single criminal, and the number of crimes does not diminish but is continually on the increase. You must admit that. Consequently the security of society is not preserved, for, although the obnoxious member is mechanically cut off and sent far away out of sight, another criminal always comes to take his place at once, and often two of them. If anything does preserve society, even in our time, and does regenerate and transform the criminal, it is only the law of Christ speaking in his conscience. It is only by recognising his wrongdoing as a son of a Christian society -- that is, of the Church -- that he recognises his sin against society -- that is, against the Church. So that it is only against the Church, and not against the State, that the criminal of to-day can recognise that he has sinned. If society, as a Church, had jurisdiction, then it would know when to bring back from exclusion and to reunite to itself. Now the Church having no real jurisdiction, but only the power of moral condemnation, withdraws of her own accord from punishing the criminal actively. She does not excommunicate him but simply persists in motherly exhortation of him. What is more, the Church even tries to preserve all Christian communion with the criminal. She admits him to church services, to the holy sacrament, gives him alms, and treats him more a captive than as a convict. And what would become of the criminal, O Lord, if even the Christian society- that is, the Church -- were to reject him even as the civil law rejects him and cuts him off? What would become of him if the Church punished him with her excommunication as the direct consequence of the secular law? There could be no more terrible despair, at least for a Russian criminal, for Russian criminals still have faith. Though, who knows, perhaps then a fearful thing would happen, perhaps the despairing heart of the criminal would lose its faith and then what would become of him? But the Church, like a tender, loving mother, holds aloof from active punishment herself, as the sinner is too severely punished already by the civil law, and there must be at least someone to have pity on him. The Church holds aloof, above all, because its judgment is the only one that contains the truth, and therefore cannot practically and morally be united to any other judgment even as a temporary compromise. She can enter into no compact about that. The foreign criminal, they say, rarely repents, for the very doctrines of to-day confirm him in the idea that his crime is not a crime, but only a reaction against an unjustly oppressive force. Society cuts him off completely by a force that triumphs over him mechanically and (so at least they say of themselves in Europe) accompanies this exclusion with hatred, forgetfulness, and the most profound indifference as to the ultimate fate of the erring brother. In this way, it all takes place without the compassionate intervention of the Church, for in many cases there are no churches there at all, for though ecclesiastics and splendid church buildings remain, the churches themselves have long ago striven to pass from Church into State and to disappear in it completely. So it seems at least in Lutheran countries. As for Rome, it was proclaimed a State instead of a Church a thousand years ago. And so the criminal is no longer conscious of being a member of the Church and sinks into despair. If he returns to society, often it is with such hatred that society itself instinctively cuts him off. You can judge for yourself how it must end. In many cases it would seem to be the same with us, but the difference is that besides the established law courts we have the Church too, which always keeps up relations with the criminal as a dear and still precious son. And besides that, there is still preserved, though only in thought, the judgment of the Church, which though no longer existing in practice is still living as a dream for the future, and is, no doubt, instinctively recognised by the criminal in his soul. What was said here just now is true too, that is, that if the jurisdiction of the Church were introduced in practice in its full force, that is, if the whole of the society were changed into the Church, not only the judgment of the Church would have influence on the reformation of the criminal such as it never has now, but possibly also the crimes themselves would be incredibly diminished. And there can be no doubt that the Church would look upon the criminal and the crime of the future in many cases quite differently and would succeed in restoring the excluded, in restraining those who plan evil, and in regenerating the fallen. It is true," said Father Zossima, with a smile, "the Christian society now is not ready and is only resting on some seven righteous men, but as they are never lacking, it will continue still unshaken in expectation of its complete transformation from a society almost heathen in character into a single universal and all-powerful Church. So be it, so be it! Even though at the end of the ages, for it is ordained to come to pass! And there is no need to be troubled about times and seasons, for the secret of the times and seasons is in the wisdom of God, in His foresight, and His love. And what in human reckoning seems still afar off, may by the Divine ordinance be close at hand, on the eve of its appearance. And so be it, so be it!

"So be it, so be it!" Father Paissy repeated austerely and reverently.

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Conscience may lash us, but it cannot replenish a languishing life. Conscience may be God's word and minister to you, telling you of your faults and your follies and your destitution. It may point out, but it will never supply you. Christ must give you new life. Hart has well expressed it: "He to the feeble and the faint, His mighty aid makes known; and when their languid life is spent, supplies it with His own." - J. K. Popham

I thought that passage was very interesting from the novel. The idea of eliminating crime by making the church the state, because criminals will not go against the state, is clever, though nothing could possibly be more wrong.

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Steven Nemes
Phoenix, AZ

Good philosophy must exist, if for no other reason, because bad philosophy must be answered - C.S. Lewis

I was surprised to see the idea of Russian Orthodoxy, Russia being the 3rd Rome, alluded to as the restrainer...it's also mentioned in "Ultimate Things" by Engleman.