Here one more word concerning the origin and purpose of punishment—two problems which are separate or should be separate. Unfortunately people normally throw them together into one. How do the previous genealogists of morality deal with this issue? Naively—the way they have always worked. They find some “purpose” or other for punishment, for example, revenge or deterrence, then in a simple way set this purpose at the beginning as the causa fiendi [creative cause] of punishment and—they’re finished. The “purpose in law,” however, is the very last idea we should use in the history of the emergence of law. It is much rather the case that for all forms of history there is no more important principle than that one which we reach with such difficulty but which we also really should reach—namely that what causes a particular thing to arise and the final utility of that thing, its actual use and arrangement in a system of purposes, are separate toto coelo [by all the heavens, i.e., absolutely] from each other, that something existing, which has somehow come to its present state, will again and again be interpreted by the higher power over it from a new perspective, appropriated in a new way, reorganized for and redirected to new uses, that all events in the organic world involve overpowering, acquiring mastery and that, in turn, all overpowering and acquiring mastery involve a new interpretation, a readjustment, in which the “sense” and “purpose” up to then must necessarily be obscured or entirely erased. No matter how well we have understood the usefulness of some physiological organ or other (or a legal institution, a social custom, a political practice, some style in the arts or in a religious cult), we have still not, in that process, grasped anything about its origin—no matter how uncomfortable and unpleasant this may sound in elderly ears. From time immemorial people have believed that in demonstrable purposes, in the usefulness of a thing, a form, or an institution, they could also understand the reason it came into existence—the eye as something made to see, the hand as something made to grasp. So people also imagined punishment as invented to punish. But all purposes, all uses, are only signs that a will to power has become master over something with less power and has stamped on it its own meaning of some function, and the entire history of a “thing,” an organ, a practice can by this process be seen as a continuing chain of signs of constantly new interpretations and adjustments, whose causes do not even need to be connected to each other—in some circumstances they rather follow and take over from each other by chance. Consequently, the “development” of a thing, a practice, or an organ has nothing to do with its progressus [progress] towards a single goal, even less is it the logical and shortest progressus reached with the least expenditure of power and resources—but rather the sequence of more or less profound, more or less mutually independent processes of overpowering which take place on that thing, together with the resistance which arises against that overpowering each time, the changes of form which have been attempted for the purpose of defence and reaction, as well as the results of successful counter-measures. Form is fluid; the “meaning,” however, is even more so. . . . Even within each individual organism things are no different: with every essential growth in the totality, the “meaning” of the individual organ also shifts—in certain circumstances its partial destruction, a reduction of its numbers (for example, through the obliteration of intermediate structures) can be a sign of growing power and perfection. What I wanted to say is this: the partial loss of utility, decline, and degeneration, the loss of meaning, and purposiveness, in short, death, also belong to the conditions of a real progressus [progress], which always appears in the form of a will and a way to a greater power and always establishes itself at the expense of a huge number of smaller powers. The size of a “step forward” can even be estimated by a measure of everything that had to be sacrificed to it. The humanity as mass sacrificed for the benefit of a single stronger species of man— that would be a step forward . . . . I emphasize this major point of view about historical methodology all the more since it basically runs counter to the very instinct which presently rules and to contemporary taste, which would rather still go along with the absolute contingency, even the mechanical meaninglessness, of all events rather than with the theory of a will to power playing itself out in everything that happens. The democratic idiosyncrasy of being hostile to everything which rules and wants to rule, the modern hatred of rulers [Misarchismus] (to make up a bad word for a bad thing) has gradually transformed itself into and dressed itself up as something spiritual, of the highest spirituality, to such an extent that nowadays step by step it is already infiltrating the strictest, apparently most objective scientific research, and is allowed to infiltrate it. Indeed, it seems to me already to have attained mastery over all of physiology and the understanding of life, to their detriment, as is obvious, because it has conjured away from them their fundamental concept, that of real activity. By contrast, under the pressure of this idiosyncrasy we push “adaptation” into the foreground, that is, a second-order activity, a mere reactivity; in fact, people have defined life itself as an always purposeful inner adaptation to external circumstances (Herbert Spencer). But that simply misjudges the essence of life, its will to power. That overlooks the first priority of the spontaneous, aggressive, over-reaching, re-interpreting, re-directing, and shaping powers, after whose effects the “adaptation” then follows. Thus, the governing role of the highest functions in an organism itself, the ones in which the will for living appear active and creative, are denied. People should remember the criticism Huxley directed at Spencer for his “administrative nihilism.” But the issue here concerns much more than “administration.” . . .*
Herbert Spencer: (1820-1903), English philosopher who advanced the idea of evolution as a progressive process in society. Huxley: Thomas Huxley (1825-1895): a major English champion of Darwin’s evolutionary ideas.