Честертон Гилберт Кийт - Eugenics and Other Evils стр 10.

I do not mean that all mad delusions are as concrete as this, though some are more concrete. Believing your own body is glass is a more daring denial of reality than believing a tree is a glass lamp at the top of a pole. But all true delusions have in them this unalterable assertionthat what is not is. The difference between us and the maniac is not about how things look or how things ought to look, but about what they selfevidently are. The lunatic does not say that he ought to be King; Perkin Warbeck might say that. He says he is King. The lunatic does not say he is as wise as Shakespeare; Bernard Shaw might say that. The lunatic says he is Shakespeare. The lunatic does not say he is divine in the same sense as Christ; Mr. R.J. Campbell would say that. The lunatic says he is Christ. In all cases the difference is a difference about what is there; not a difference touching what should be done about it.

For this reason, and for this alone, the lunatic is outside public law. This is the abysmal difference between him and the criminal. The criminal admits the facts, and therefore permits us to appeal to the facts. We can so arrange the facts around him that he may really understand that agreement is in his own interests. We can say to him, "Do not steal apples from this tree, or we will hang you on that tree." But if the man really thinks one tree is a lamppost and the other tree a Trafalgar Square fountain, we simply cannot treat with him at all. It is obviously useless to say, "Do not steal apples from this lamppost, or I will hang you on that fountain." If a man denies the facts, there is no answer but to lock him up. He cannot speak our language: not that varying verbal language which often misses fire even with us, but that enormous alphabet of sun and moon and green grass and blue sky in which alone we meet, and by which alone we can signal to each other. That unique man of genius, George Macdonald, described in one of his weird stories two systems of space coincident; so that where I knew there was a piano standing in a drawingroom you knew there was a rosebush growing in a garden. Something of this sort is in small or great affairs the matter with the madman. He cannot have a vote, because he is the citizen of another country. He is a foreigner. Nay, he is an invader and an enemy; for the city he lives in has been superimposed on ours.

For this reason, and for this alone, the lunatic is outside public law. This is the abysmal difference between him and the criminal. The criminal admits the facts, and therefore permits us to appeal to the facts. We can so arrange the facts around him that he may really understand that agreement is in his own interests. We can say to him, "Do not steal apples from this tree, or we will hang you on that tree." But if the man really thinks one tree is a lamppost and the other tree a Trafalgar Square fountain, we simply cannot treat with him at all. It is obviously useless to say, "Do not steal apples from this lamppost, or I will hang you on that fountain." If a man denies the facts, there is no answer but to lock him up. He cannot speak our language: not that varying verbal language which often misses fire even with us, but that enormous alphabet of sun and moon and green grass and blue sky in which alone we meet, and by which alone we can signal to each other. That unique man of genius, George Macdonald, described in one of his weird stories two systems of space coincident; so that where I knew there was a piano standing in a drawingroom you knew there was a rosebush growing in a garden. Something of this sort is in small or great affairs the matter with the madman. He cannot have a vote, because he is the citizen of another country. He is a foreigner. Nay, he is an invader and an enemy; for the city he lives in has been superimposed on ours.

Now these two things are primarily to be noted in his case. First, that we can only condemn him to a general doom, because we only know his general nature. All criminals, who do particular things for particular reasons (things and reasons which, however criminal, are always comprehensible), have been more and more tried for such separate actions under separate and suitable laws ever since Europe began to become a civilisationand until the rare and recent reincursions of barbarism in such things as the Indeterminate Sentence. Of that I shall speak later; it is enough for this argument to point out the plain facts. It is the plain fact that every savage, every sultan, every outlawed baron, every brigandchief has always used this instrument of the Indeterminate Sentence, which has been recently offered us as something highly scientific and humane. All these people, in short, being barbarians, have always kept their captives captive until they (the barbarians) chose to think the captives were in a fit frame of mind to come out. It is also the plain fact that all that has been called civilisation or progress, justice or liberty, for nearly three thousand years, has had the general direction of treating even the captive as a free man, in so far as some clear case of some defined crime had to be shown against him. All law has meant allowing the criminal, within some limits or other, to argue with the law: as Job was allowed, or rather challenged, to argue with God. But the criminal is, among civilised men, tried by one law for one crime for a perfectly simple reason: that the motive of the crime, like the meaning of the law, is conceivable to the common intelligence. A man is punished specially as a burglar, and not generally as a bad man, because a man may be a burglar and in many other respects not be a bad man. The act of burglary is punishable because it is intelligible. But when acts are unintelligible, we can only refer them to a general untrustworthiness, and guard against them by a general restraint. If a man breaks into a house to get a piece of bread, we can appeal to his reason in various ways. We can hang him for housebreaking; or again (as has occurred to some daring thinkers) we can give him a piece of bread. But if he breaks in, let us say, to steal the parings of other people's finger nails, then we are in a difficulty: we cannot imagine what he is going to do with them, and therefore cannot easily imagine what we are going to do with him. If a villain comes in, in cloak and mask, and puts a little arsenic in the soup, we can collar him and say to him distinctly, "You are guilty of Murder; and I will now consult the code of tribal law, under which we live, to see if this practice is not forbidden." But if a man in the same cloak and mask is found at midnight putting a little sodawater in the soup, what can we say? Our charge necessarily becomes a more general one. We can only observe, with a moderation almost amounting to weakness, "You seem to be the sort of person who will do this sort of thing." And then we can lock him up. The principle of the indeterminate sentence is the creation of the indeterminate mind. It does apply to the incomprehensible creature, the lunatic. And it applies to nobody else.