Category: Politics & Law

“The essence of democracy resides in its attitude towards law as a product of the collective will, and not as something emanating from a transcendent will or from the authority established by divine right. It is therefore the essence of democracy to replace the unilateral respect of authority by the mutual respect of autonomous wills. So that the problem is to know what will best prepare the child for its future task of citizenship. Is it the habit of external discipline gained under the influence of unilateral respect and of adult constraint, or is it the habit of internal discipline, of mutual respect and of ‘self-government’? It may be, of course, that only those who have gone through the external discipline imposed by a master will be capable later on of any inner discipline. This is the commonly accepted view, but it requires to be verified. The proof, however, would not be an easy one to establish, for considering the large number of people who reject all discipline as soon as they have escaped from school and home ties, or who for the rest of their lives are capable only of external discipline and legal morality, it may very well be that it is in spite of adult authority, or in spite of certain kinds of adult authority, that the best of our young people sooner or later adopt a disciplined way of living.” – Jean Piaget, The Moral Judgment of the Child (trans. Marjorie Gabain)

“Social constraint—and by this we mean any social relation into which there enters an element of authority and which is not, like cooperation, the result of an interchange between equal individuals—has on the individual results that are analogous to those exercised by adult constraint on the mind of the child. The two phenomena, moreover, are really one and the same thing, and the adult who is under the dominion of unilateral respect for the ‘Elders’ and for tradition is really behaving like a child. It may even be maintained that the realism of primitive conceptions of crime and punishment is, in certain respects, an infantile reaction. To primitive man, the moral and the physical universe are one and the same thing, and a rule is both a law of nature and a principle of conduct. For this reason, crime threatens the very existence of the universe and must be mystically set at naught by a suitable expiation. But this idea of a law that is both physical and moral is the very core of the child’s conception of the world; for under the effect of adult constraint the child cannot conceive the laws of the physical universe except in the guise of a certain obedience rendered by things to rules. As to ideas of punishment and expiation, how could they have become so widespread in the adult community if men had not all first been children, and if the child had not been from the very beginning of his mental development respectful towards the decisions of the adult who reprimands him and punishes him? Under the effects of social differentiation and cooperation, on the contrary, the individual is less and less dominated by the cult of the past and by the forced conformity which accompanies it. He then becomes really adult, and the infantile traits that mark the conformist spirit make place for the features that are the outcome of cooperation. Thus autonomy of conscience takes the place of heteronomy.” – Jean Piaget, The Moral Judgment of the Child (trans. Marjorie Gabain)

“Every society consists primarily in a collection of beliefs and feelings forming a whole which must be defended. The kernel of these beliefs is the feeling of the sacred, the source of all morality and religion. Whatever offends against these powerful and well-defined feelings is crime, and all crime is sacrilege. A crime that breaks down the social bond takes on, by the mere fact of doing so, a mystical significance. It is a source of impurity and contamination, and its repercussions, visible and invisible, are incalculable. It must therefore be suppressed, its disastrous consequences must be suppressed, and things must be put right. Punishment is the mystical procedure that will effect this restitution. Consequently it matters very little on whom the punishments fall. The great thing is that they should be inflicted and that they should be proportionate to the crime. Thus there is an ‘institution of responsibility’. Moreover, it is easy to understand how the choice of the responsible subject comes to be made. The process takes place in virtue of a mechanism of transference which obeys the usual laws of psychological transference. First, there is an affective transference: the emotions aroused by the crime are carried over to everything that touches it from near or far. Then there is a judgment: the community decides that a given individual is responsible, and this judgment is dominated by relations of contiguity and resemblance. It follows, naturally, that the culprit himself, when he can be found, is held to represent the maximum of relationship with the crime. But failing this, anything that touches the crime must be punished. Thus responsibility descends from outside upon the culprit or any of his substitutes, and transforms them into scapegoats or instruments of social purification.” – Jean Piaget, The Moral Judgment of the Child (trans. Marjorie Gabain)

“Just as in logic, we can see a sort of reaction of the form of the proposition upon its content when the principle of contradiction leads to a simplification and purification of the initial definitions, so in ethics, reciprocity implies a purification of the deeper trend of conduct, guiding it by gradual stages to universality itself. Without leaving the sphere of reciprocity, generosity the characteristic of our third stage allies itself to justice pure and simple, and between the more refined forms of justice, such as equity and love properly so called, there is no longer any real conflict.” – Jean Piaget, The Moral Judgment of the Child (trans. Marjorie Gabain)

“Like all spiritual realities which are the result, not of external constraint but of autonomous development, reciprocity has two aspects: reciprocity as a fact, and reciprocity as an ideal, as something which ought to be. The child begins by simply practising reciprocity, in itself not so easy a thing as one might think. Then, once he has grown accustomed to this form of equilibrium in his actions, his behaviour is altered from within, its form reacting, as it were, upon its content. What is regarded as just is no longer merely reciprocal action, but primarily behaviour that admits of indefinitely sustained reciprocity. The motto ‘Do as you would be done by’, thus comes to replace the conception of crude equality.” – Jean Piaget, The Moral Judgment of the Child (trans. Marjorie Gabain)

“Very early in life, even before the infant can speak, its conduct is constantly being subjected to approval or censure. According to circumstances people are pleased with baby and smile at it, or else frown and leave it to cry, and the very inflections in the voices of those that surround it are alone sufficient to constitute an incessant retribution. During the years that follow, the child is watched over continuously, everything he does and says is controlled, gives rise to encouragement or reproof, and the vast majority of adults still look upon punishment, corporal or otherwise, as perfectly legitimate. It is obviously these reactions on the part of the adult, due generally to fatigue or impatience, but often, too, coldly thought out on his part, it is obviously these adult reactions, we repeat, that are the psychological starting point of the idea of expiatory punishment. If the child felt nothing but fear or mistrust, as may happen in extreme cases, this would simply lead to open war.” – Jean Piaget, The Moral Judgment of the Child (trans. Marjorie Gabain)