"To the Socialist, for every crime committed the State, or the society in which it is committed, is as much or more responsible than the individual."[887] "A society that employs the gallows and the 'cat' pretty much deserves all it gets at the hands of criminals. If the criminal, when he gets the chance of doing so with impunity, commits the crime for which the gallows or the lash is reserved, society has only itself to thank."[888]
From the foregoing considerations it logically follows that "a Socialist administration would treat delinquents with the utmost leniency consistent with the existence of society."[889] "A man of average sense ought to be able to protect himself against fraud. Theft only requires the restitution of the stolen property plus an addition, such as the Roman law provided. The ideal condition of a community is that the remorse following the commission of a crime should be an adequate preventive of its commission"[890]--By its attitude towards crime, Socialism should secure for itself the enthusiastic support of the criminal classes. By abrogating the enforcement of contract and the recovery of debt, it should secure for itself the equally enthusiastic support of all fraudulent debtors. Conspirators and revolutionaries since the time of Catiline have opened the gaols and have relied on criminal desperadoes for the realisation of their ambitions. It is worth noting that most Anarchists also recommend the abolition of law and the law courts.[891]
Until the ideal Socialist commonwealth has been firmly established, and "until the economic change has worked itself out in ethical change, it is clear that a criminal law must exist. The only question is whether its basis shall be a mass of anomalous statutes and precedents or a logical system."[892] Bax decides that the logical system and the Code Napoléon is to be introduced after the Socialist revolution.[893] The fact that the people do not know the French laws apparently does not matter.
Many Socialists complain that British laws, and American laws too, are not collected and codified. Hence the citizen does not, and cannot, know the law. "What is called 'the law' is something that no lawyer can learn in a lifetime, both on account of the bulk of the Reports, and because he never can be absolutely certain what is good and what is bad law. The profession chooses rather than ascertains the law."[894] Owing to lack of a code of laws, the law is uncertain and exceedingly costly. Hence the poor man can obtain justice only with difficulty, if at all. Besides, "The fear of litigation is a weapon society places in the hands of the rich man to coerce the poor man, irrespective of the merits of the case, by dangling ruin before him."[895] There is much justification for these complaints.