1
In a secular democracy, a person is supposed to be punished only when he breaks the law; never because he is evil. That is, after all, what distinguishes a democracy from a theocracy.Thomas Szasz
2
If a man loses his money through unwise market speculation or by playing the horses, he has been punished in a manner which we may call passive. By this I mean that another person has not taken special, socially overt steps to harm the "offender." This phenomenon has not received the attention it deserves.Thomas Szasz
3
The principal differences between law and science are as follows:1. In the administration of the law, facts are necessary to enable the umpire (jury, judge) to decide whether rules have been broken and, if so, the type of penalty to apply. In science, facts are necessary to form new or better theories and to develop novel applications (for example, drugs, machines). Novelty is not a positive value in law. Instead, the lawyer looks for precedent. For the scientist, however, novelty is a value; new facts and theories are sought, whether or not they will prove useful. 2. If we endeavor to change objects or persons, the distinction between law (both as law making and law enforcing) and applied science disappears. In applying scientific knowledge, one seeks to change objects, or persons, into new forms. The scientific technologist may thus wish to shape a plastic material into the form of a chair, or a delinquent youth into a law-abiding adult. The aims of the legislator and the judge are often the same. Thus, legislators may wish to change people from drinkers into nondrinkers; or judges many want to change fathers who fail to support their dependent wives and children into fathers who do. This [is a] "therapeutic" function of law. .Thomas Szasz
4
A vast amount of psychiatric effort has been, and continues to be, devoted to legal and quasi-legal activities. In my opinion, the only certain result has been the aggrandizement of psychiatry. The value to the legal profession and to society as a whole of psychiatric help in administering the criminal law, is, to say the least, uncertain. Perhaps society has been injured, rather than helped, by the furor psychodiagnosticus and psychotherapeuticus in criminology which it invited, fostered, and tolerated. .Thomas Szasz
5
Men often have grievances against prominent and powerful persons. Historically, the grievances of the powerless against the powerful have furnished the steam for the engines of revolutions. My point is that in many of the famous medicolegal cases involving the issue of insanity, persons of relatively low social rank openly attacked their superiors. Perhaps their grievances were real and justified, and were vented on the contemporary social symbols of authority, the King and the Queen. Whether or not these grievances justified homicide is not our problem here. I merely wish to suggest that the issue of insanity may have been raised in these trials to obscure the social problems which the crimes intended to dramatize.Thomas Szasz