Tag: Fyodor Dostoevsky

  • Public Intellectuals: Fyodor Dostoevsky

    In an age of unrestrained Russian-bashing, the figure of Fyodor Dostoevsky might seem a provocative choice for this Public Intellectual series. He remains, however, in my view, the greatest writer of prose fiction who has ever lived. His greatest novels The Devils/Demons (1872) and The Brothers Karamazov (1880) are, frankly, unsurpassed in world literature.

    As I see it, other great Russian novels of his time, Fathers and Sons (1862) by Ivan Turgenev and Anna Karenina (1878) by Leo Tolstoy are just a notch below; perhaps reaching the heights of Crime and Punishment (1866) or The Idiot (1869), the two lesser of his four great novels.

    This is to assume that his other works are of lesser value. Yet in the novella Notes from an Underground (1864) as well as White Knights (1848) Dostoevsky surpasses The Death of Ivan Illich (1886) by Tolstoy.

    The anti-hero of Notes from an Underground anticipates a form of government where:  

    All human actions will then of course be calculated, mathematically, like logarithm tables up to 108,000, and recorded in a calendar; or even better, well-intentioned publications will then appear … in which everything will be so precisely calculated and recorded that there will no longer be deliberate acts or adventures in the world.

    This he suggests would create a reaction, in the form of a dictator:

    I, for example, wouldn’t be at all surprised if, in the midst of all this reasonableness that is to come, suddenly and quite unaccountably some gentleman with an ignoble, or rather a reactionary and mocking physiognomy were to appear and, arms akimbo, say to us all: ‘Now, gentlemen, what about giving all this reasonableness a good kick with the sole purpose of sending all those logarithms to hell for a while so we can live for a while in accordance with our own stupid will!

    In fact, across Russian literature only Nikolai Gogol and Anton Chekhov wrote better short story writers. Besides being a master of the short story form, Chekhov was primarily a playwright. Unprecedented in world letters, he is almost the equal of Dostoevsky, but not quite!

    In Russian letters thereafter only the great novels of Mikhail Bulgakov, The Master and the Margarita (1967) and The White Guard (1925) the latter of which perfectly encapsulates – unlike our official media – the reasons for Putin’s ‘special military operation’ in Ukraine. Many Russians (and indeed some Ukrainians) view what was the breadbasket of the Russian empire as integral to and inseparable from Russia itself.

    Portrait by Vasily Perov, c. 1872

    Tolstoy or Dostoevsky?

    In a famous monograph (1959), Tolstoy or Dostoevsky?, George Steiner argued that the two authors represent polar opposites in the Western canon, the former epic, utopian, and aspiring to achieve heaven on earth – with all its attendant dangers. The latter, for all his peasant Christianity and hatred of nihilism, asserting the pre-eminence of free will, while portraying a world beset by evil, intrigue and deceit.

    The great Russian effete of a later era Vladimir Nabokov, lecturing in exile in Columbia University claimed he despised Dostoevsky’s vulgarity and excess. Of course, unlike Nabokov, Tolstoy or Turgenev – the latter of whom Dostoevsky had a fractious relationship – Dostoevsky was not an aristocrat. He was not a blue blood. His father was a ‘mere’ country doctor, murdered after a descent into dissolution and an echo, Freud argues in Dostoevsky and Parricide (1928), of the central theme of The Brothers Karamazov. Moreover, Dostoevsky was profoundly anti-Catholic

    It should also be said that Dostoevsky was an editor, journalist, and social critic, which could be a dangerous role to play in Czarist Russia. He was really a philosopher in that all his great books are novels of ideas, and display in all its fullness the eschatological imagination. An intellectual of the highest rank, and superb jurist and penologist, not just in terms of the immense amount of attention devoted to questions of justice and the criminal process in his work – not least the trial of Dmitri Karamazov – but also heavily influenced by his penal servitude in Siberia.

    Also, uncomfortably for this writer at least, he was a deeply religious man, and there was no hypocrisy evident in this outlook. He acquired a deep religious faith from his mother during his childhood, quite contrary to the secular temper of his age. While I distrust this, I understand in Freudian terms its aetiology.

    He was, however, deeply anti-Catholic. At one point his apparetnly omniscient Idiot, Prince Myshkin exclaims:

    In my opinion Roman Catholicism isn’t even a religion, but most decidedly a continuation of the Holy Roman Empire, and everything in it is subordinate to that idea, beginning with faith. The Pope seized the earth, an earthly throne and took up the sword; and since then everything has gone on in the same way, except they’ve added lies, fraud, deceit, fanaticism, superstition, wickedness. They have trifled with the most sacred, truthful, innocent, ardent feelings of the people, have bartered it all for money, for base temporal power. And isn’t that the teachings of the Antichrist?’

    Dostoevsky, 1847.

    Early Period

    In his school years, splendidly documented by his great biographer Joseph Frank he intervened to protect children against thugs. On his way to the prestigious engineering school, where he was accepted in 1831, he was horrified by an act of savage brutality against a peasant he witnessed at a coach station. Later, through his hugely influential periodical Diary Of A Writer – not unlike Charles Dickens’ Household Words or All The Year Round towards the end of his life – he declaimed against a brutal flogging of a serf by an aristocrat, who was put on trial and justly punished. There is no doubt that from the get-go his sympathies were with the little man. Thus, like Charles Dickens he was the chronicler of his time in Time.

    Thus, for his entire life no matter how famous he became he was always an advocate for the poor, students if they had legitimate grievances, those falsely accused, unless, unforgivably, they were Jewish. Poor Folks (1845) is of course his first novel and is a huge success and a minor masterpiece. It is, however, an elaboration of that greater Russian work Dead Souls (1842) by Gogol whose awful theme is the purchasing of dead peasants’ souls for profit. The ultimate extension of the landlord class. This is again prescient for our times.

    Poor Folks was acclaimed as the first exercise in social realism, and the plight of self-abnegation before corporate feudalism. Here we find words relevant to our neoliberal age: ‘Judge whether one was right to abuse oneself for no reason and be reduced to undignified mortification.’ Today’s serfs are subject to social media targeting in an age of surveillance and consumer capitalism. Our very identities are mined for data.

    Poor Folks was followed by The Double (1846), which though not among his great novels expresses the split personality – a dominant theme in his oeuvre to come –  as later do Oscar Wilde in A Picture of Dorian Grey (1891), Robert Louis Stephenson in Jekyll and Hyde (1886), and more recently Naomi Kleins’ Doppleganger A Trip into the Mirror World.

    Vissarion Belinsky

    Belinsky

    During this early period Dostoevsky came under the influence of the intellectual Vissarion Grigoryevich Belinsky who was torn between the veneration of the poor – a form of Christian humanism – and an overarching commitment to materialism. The book expresses that conflict.

    The success of Poor Folk led him to being welcomed into intellectual circles. An unfortunate association with the Petrashevsky Circle, however, led to him being exiled to Siberia and then conscripted into the army. Moreover, he strongly believed he was about to be executed as the Tsar staged a mock execution of him and his co-conspirators in Samonkey Square. Interestingly, one of those involved in his persecution was Ivan Nabokov, a distant relative of Vladimir Nabokov.

    This terrifying event it is said to have turned his head grey. It scarred him for life and was fictionally recreated in The Idiot (1869). We may assume that the description of the plight of a person sentenced to death by the state in The Idiot is biographical, considering his own experience of narrowly avoiding the Czarist firing squad. By comparison with the fate of a person assailed and killed by brigands he says: ‘the whole terrible agony lies in the fact that you will most certainly not escape, and there is no greater agony than that’. He asks: ‘Who says that human nature is capable of bearing this without madness?’

    That and Siberia, where he underwent extreme hardship led to the fascination that engendered Crime and Punishment. In Siberia, as diarised by his biographer, he became less interested and mistrustful of the application of the letter, as opposed to the spirit of the law. Dostoevsky was never a literalist in legal interpretation terms, and was acutely conscious of the law’s failings. He was treated barbarically and barely survived. The law and its failings went on to dominate much of the rest of his fiction.

    He returned a felon but quickly contributed to Time magazine, along with several other journals thereafter as editor and contributor, and to his next defining book The House of The Dead (1854), which offers a far better examination of the gulags than Solzhenitsyn.

    Hans Hobern’s The Body of the Dead Christ in the Tomb.

    Nihilism

    This period of incarceration led to the development of a complex dialectic through his life. His hatred of nihilism – a phrase actually coined by Turgenev for the character Bazharov in his masterpiece Fathers and Sons (1862), alongside his warm embrace of Young Russia, a movement recalling Thomas Davis in Ireland and Disraeli in Britain. It was a progressive movement for reform in Russia, not least in seeking to ameliorate the conditions of the serfs.

    Dostoevsky despised the nihilistic attitude, expressed ironically in Turgenev’s masterpiece: ‘That is not our business let us have a grand clearance first.’

    The Russia of his lifetime, from Nicolas I onwards, was a time of great political turbulence and the development of revolutionary cabals often to reform the plight of the serfs. There was also a dialectic perfectly conveyed between Turgenev and Dostoevsky of a need for Russia to become more European. Turgenev, the aristocratic exile, argued for to become more autarchic. Dostoevsky sided with the poor folk and Mother Russia but not in a shrill way. The idea he coined, evident as early as 1861, was Pan Humanism, within a Russia influenced, but not dominated, by Westernisation.

    The success led to a degree of European decadence, and for the rest of his life he was often abroad and in debt, though finally happily married after a string of unhappy relationships to Anna, his stenographer who he adored and was most attentive to.

    What became a gambling addiction developed during his peripatetic European travels, and put enormous stress on his wife. Yet, in a moment of epiphany, after essentially losing the family silver, he finally gave it all up. His great novella The Gambler (1866) offers a frenzied portrayal of an illness, which destroys lives – as I have witnessed during my professional career. It also provides a lacerating attack on enduring national cultures. Here, Russians are portrayed as gambling riskily and haphazardly, Germans methodically and in a philistine way, while the French display an elegant decadence. How times have changed.

    Prior to The Gambler there arrived the seminal existential text, unique in his oeuvre, Notes from Underground (1865), which predates Sartre and Camus by an epoch but is no doubt influenced by Kierkegaard.

    The self-reflexiveness of the narrator in that he is both accused and accuser, torn between rational egoism and a concern for others. This is the Dostoevsky dilemma, and a prelude to the themes of the great novels to follow.

    So on to Crime and Punishment (1868), written for the establishment Russian magazine Messenger, and a final step towards financial stability. It is his most famous and widely read work. To say it is not his best work would be true, but misleading in that within it scope it remains one of the great works of European literature.

    The novel is the prototypical detective novel. Without this there is no Wilkie Collins or Raymond Chandler. The anti-hero Raskolnikov is torn between a nihilism inspiring an Übermensch sense of superiority, and a Christian piety. Here Dostoevsky anticipates the serial killers and corporate monsters of our age.

    The prosecutor Petrovich is the voice of atonement and represents Dostoevsky’s sense of guilt before God. The book is also a condemnation of extremism and lawlessness.

    When the prosecutor first hauls Raskolnikov into custody he expresses curiosity about an article that Raskolnikov wrote called ‘On Crime’, in which he suggests that certain rare individuals – the benefactors and geniuses of mankind – enjoy a right to ‘step across’ legal or moral boundaries if those boundaries act as an obstruction to the success of their idea. The prosecutor, in a much kinder way than the approach offered by Camus in The Outsider (1942) – who was hugely influenced by Dostoevsky not least in his play of The Possessed/Devils (1959) – finally forces him to confess.

    The Idiot (1871) is the book that pleased Dostoevsky the most – and is arguably his most disciplined novel – and there is much of him in it. The central character of Prince Myshkin was much influenced by Dostoevsky seeing Hans Holbein’s Dead Christ (1529) painting. No doubt it expresses his deep faith in the decent and Christian man.

    Yet Myshkin’s other-worldliness is the cause of his self-destruction, along with death and chaos wrought on others. The crucible of Russia at that time augments dark Dostoevsky’s mysticism. It is deeply personal and invokes his mock execution and epilepsy. It is a work that is curiously relevant to our time of vaccines, compliance and control, where 90% of humanity are to be treated as cattle, a process which can be achieved through re-education and vogueish Social Darwinism.

    Joachim Schnürle

    The Devils

    This brings us to the great citadel of world literature and in my view the greatest novel ever written The Devils (1868). At the time Dostoevsky was much influenced by the malign neglect of the civilised anarchist Herzen and his criticism that nihilists wished to abandon books, science and instead embrace destruction. Herzen in a famous polemic, echoing Dostoevsky’s own ideas I suspect, argued that Shakespeare and Raphaël were higher in the pantheon than socialism, nationalism or the emancipation of the serfs. The immediate sensation which precipitated the novels was the activities of the real life murderous Nechaev, a model for many of The Devils.

    Towards the end of The Devils, one of the conspirators Lyamshin is put on trial and asked ‘Why so many murders, scandals and outrages committed?’ He responds that it was to promote:

    the systematic undermining of every foundation, the systematic destruction of society and all its principles; to demoralize everyone and make hodge-podge of everything, and then, when society was on the point of collapse – sick, depressed, cynical and sceptical, but still with a perpetual desire for some kind of guiding principle and for self-preservation – suddenly to gain control of it.

    The novel is the greatest condemnation of extremism in the history of ideas, containing his essential credo that once you have rejected Christ it is possible to go to inordinate lengths of evil. The book provides almost a replica of the current political climate where anarchy and extremism prevail, and in the midst of it all is the crucial figure of native Dostoevsky ambivalence, Stavrogin – a man who is torn between good and bad impulses, but the nihilism and decadence prevail.

    The essential argument is that materialism, nihilism and decadence will stop at nothing and boundary after boundary will be crossed in the descent towards the personal and societal abyss.

    Dostoevsky response, or antidote, is to assert that humanity must take collective responsibility in a Christian way. Thus, when Stavrogin reveals his appalling crime to the elder Tikhon, the latter responds by asking the forgiveness of Stavrogin: ‘Having sinned, each man has sinned against all men, and each man is responsible in some way for the sins of others. There is no isolated sin. I’m a great sinner, perhaps greater than you.’

    After its publication, and his resumption of journalistic activities with The Diary of a Writer (1873-1881) he was widely acknowledged as the greatest living writer in Russia. He finally settled in his homeland, holding court both in letter and visitations to an increasingly enamoured public. In essence, he became the moral conscience of Russia.

    Though the Diary of a Writer – finally published in totality by Scribner’s – contains some of his greatest short stories. He also rages against injustice and took a keen interest in the criminal process.

    Dostoyevsky’s notes for Chapter 5 of The Brothers Karamazov.

    The Brothers Karamazov

    Thereafter he began his final novel The Brothers Karamazov. His sensitivity to injustice, it must be said, is afflicted with one blind spot, lest this piece be represented as hagiographical! He showed a lifelong hatred of Jews, who he and Turgenev too often caricatured, in the most vicious of terms. When a Jew was correctly acquitted, he bemoaned the verdict. In this sense he a creature of his time, but also trespassed a moral boundary.

    His antisemitism was a product of at times, a Little Russian mentality and his sense of the volk, so there is a negative and abhorrent mysticism here of old tensions, resurfacing in our age. Also, his embrace of what might be described as Populism at this stage has dangerous relevance to our time.

    Many of his great books were written like cliffhangers under enormous stress explaining the fervid prose, and as every book of his final novel – three years in genesis – came out the public reacted in a way not unlike the London public’s reaction to the death of Little Nell. His work, along with his literary peers, forged Russian consciousness, for better or worse.

    This culminated in a famous face off where all the intelligentsia of Russia attended an event to celebrate Pushkin’s anniversary. A feud had been brewing for decades between two opposite visions of Mother Russia, one represented by Turgenev with his condescending attitude towards the poor folk and his internationalism; the other by Dostoevsky who represented the Christian Tsarist nationalist strain.

    Dostoevsky’s great speech at the banquet is well worth reading. It effectively destroys the reputation of Turgenev and had the impact at the time of Martin Luther King’s ‘I have a dream.’ It ends in a beautiful expression of compromise and Pan Humanism, envisioning a Christian Russia sympathetic to the poor, but receptive to other cultures, urging respect for tradition but acknowledging a need for reform and tolerance.

    It arrived while he was writing The Brothers Karamazov, by which time the debts, the epilepsy, the chaotic lifestyle and huge fame had taken their toll, He was writing around the clock to complete it, with old father time breathing down his neck.

    This book is a foundation stone of literate moderate civilisation, containing everything of the selfless Christianity and love he espoused, embodied in the character of Aloysha, who is a more modulated version of Myshkin from The Idiot. It contains some of the greatest passages in literature, including The Grand Inquisitor dialogue, and culminates in over one hundred pages of the trial of Dmitry Karamazov for parricide.

    It should be said that like Dickens, Dostoevsky distrusted lawyers, not least their tendency to allow their eloquence to overflow at the expense of the truth, and their blindness to the moral consequences of their action. The representation of the defence speech in Karamazov is deliberately weak. Even though, as the book makes clear, Dmitry is morally guilty for his monster father’s death, he is not legally guilty. Yet the defence lawyers seem to rely on the mercy plea, and on a confused argument suggesting implicitly some people deserve to be killed. Not exactly a full throttle defence, but one recently evident in Ireland.

    Dostoyevsky identifies a broad moral continuum between a capacity for the highest and basest thoughts and deeds. If any character represents the views of Dostoyevsky himself it is perhaps the chief prosecutor Ippolit Krillovitch, who, uncannily, like the author, dies within a few months of the novel’s central events: the apparent patricide, and aftermath, of the wily and debauched Fyodor Pavlovich Karamazov. His sons represent different faces of a timeless character, and in the ensuing trial Krillovitch draws attention to the inadequacies of each. So searing are the insights that Dimitri is prompted to thank his own prosecutor, admitting that he: ‘told me a lot about myself that I didn’t know’.

    Krillovitch describes those of the Karmazov ilk as having: ‘natures with such a broad sweep… capable of encompassing all manner of opposites, of contemplating both extremes at one and the same time – that which is above us, the extremity of the loftiest ideals, and that which is below us, the extremity of the most iniquitous degradation.’ He adds: ‘others have their Hamlets; so far, we Russians have only our Karamazovs.’ That Karamazov archetype surely extends beyond Russia.

    The reception to The Brothers Karamazov was ecstatic, and his finances looked permanently healthy, but accounts of the time show how frail he had become. The multiple social engagement at this stage were not helpful and a stroke occurred after some final pieces in Diary of a Writer, many published after his death.

    All of Russia mourned the death of a man who had been sent to Siberia. They had lost their great writer and intellect.

    Dostoevsky’s funeral,

    Legacy

    For our present age there is much to ponder over Dostoyevksy’s legacy. First is the need for the assertion of Christian, or humanist values. This includes the establishment of community, even if, as I would argue, this remains secular in its guidance. Moreover, we must protect the poor, the falsely accused and the defenceless. Moral nihilism in all its guises must also be opposed. And the devastating effect of extremism should be portrayed.

    We should also be alive to the excesses of Dostoevsky in a tendency towards Populism, veneration of an abstract volk and the denunciation of minorities, including Jews.

    Overall, he stands as the greatest intellect literature has produced, a mystic and theoretician, as well as a practical journalist. Moreover, the novels contain far more insightful philosophy than most arid books of philosophy,

    Along with Leonardo da Vinci, and even more so than Shakespeare, I would go so far as to say that he is the greatest genius that has ever drawn breath. I suspect he would have been distrustful of da Vinci’s cosmopolitanism and veneration of science. Sparks will surely fly if they ever meet!

  • Irish Prison Reform Long Overdue

    The degree of civilisation in a society can be judged by entering its prisons.
    Fyodor Dostoevsky, The House of the Dead (1862).

    The quote above is from a work of fiction, but the author was drawing on a memory of four years imprisonment, following conviction for involvement in the Petrashevsky Circle – a Russian literary discussion group of progressive-minded intellectuals opposed to Tsardom.

    The great novelist only narrowly avoided a firing squad too – a stay of execution arriving at the last moment – which shaped his views on the death penalty. In The Idiot (1869) Prince Myshkin offers a salutary critique: ‘the whole terrible agony lies in the fact that you will most certainly not escape, and there is no greater agony than that’. He asks: ‘Who says that human nature is capable of bearing this without madness?’

    A sketch of the Petrachevsky Circle mock execution.

    For morals reasons – the idea of the state descending to premeditated killing – most jurisdictions no longer permit execution of prisoners following conviction for capital crimes. The strong likelihood of miscarriages of justice makes the argument against the death penalty appear insurmountable. A 2014 study indicated that one-in-twenty-five sentenced to death in the U.S. had been innocent.

    The idea endures, nonetheless, that certain offences place perpetrators beyond the pale, incapable of redemption – diabolic even – wherein they are viewed as a perpetual threat to society, or even a moral contagion.

    But, like it or not, the vast majority of prisoners do eventually re-join society, and it is in the wider community’s interest – with due regard for a victim’s or their relatives’ thirst for retribution – that convicts are rehabilitated to the extent they emerge as law-abiding and, ideally, self-sufficient citizens.

    Given an estimated one in every two re-offend within three years of release in Ireland it appears the correct balance between punishment and rehabilitation is not being struck. A ‘Bibilical’ ‘eye for an eye’ view – reconciling moral accounts – still informs Irish attitudes to incarceration, with overcrowding exacerbating difficulties in an inadequate prison infrastructure.

    According to Fíona Ní Chinnéide, of the Irish Penal Reform Trust in July: ‘At the outset of the pandemic, Irish Prisons were way overcrowded, you had people sleeping on mattresses on the floor.’

    With courts resuming normal service, she feared prison populations would rise sharply, leading to further overcrowding: ‘I mean, in the best of times overcrowded prisons do not support rehabilitation and lead to increased tensions, drugs and violence, but Covid-19 brings an additional layer to this.’

    Small Scandinavian countries such as Norway (20% after two years), Denmark (29% after two years) and Finland (36% after two years) currently lead the world in curbing recidivism. This can be attributed to prisons preparing inmates for life on the outside, including through open prisons that reintegrate offenders back into communities.

    Slopping Out

    A de-humanization of prisoners is evident in the nineteenth century layout of Mountjoy Prison, the conditions of which could drive anyone to madness, or at least perpetuate a life in crime. Any visitor can discern a judgmental Victorian morality pervading the edifice.

    Mountjoy Prison, Dublin 1850 Illustrated London News Public Domain.

    The spectre of Henry Martin Hitchins, formerly Inspector for Government Prisons in Ireland, who oversaw its opening in 1850 lingers. He advised the first governor:

    prisoners committed to your charge have been convicted of grave offences against God and man, that they have forfeited their civil rights and are confined much to protect society against their evil practices as to afford them an opportunity of repentance and reformation. It is therefore of primary importance that the prisoners should be brought to a proper sense of their condition and after the religious exhortations of the chaplains nothing so directly tends to effect this object as a firm and steady exercise of a severe discipline.

    Inhumane features of the nineteenth century regime endure wherein the prisoner forfeits basic civil rights and experiences degrading treatment. Gary Simpson was held in Mountjoy Prison between February and September 2013. As a ‘protection prisoner’ he was kept in isolation from other prisoners – detained in cells on the D1 wing prior to its refurbishment. During that period there was no in-cell sanitation, nor even a sink providing running water.

    Prisoners were normally provided with a ‘slopping out’ chamber pot and a plastic bucket of water for washing their hands. Simpson brought an action for damages in response, alleging he was regularly compelled to urinate into empty milk cartons as the chamber pot was too small to be used more than twice without being emptied. He claimed he had to defecate into a refuse bag for the same reason.

    Simpson received damages of €7,500 in 2019 after contending with conditions the Supreme Court agreed breached a constitutional right to a basic level of dignity while in prison. The paltry nature of this award – commensurate with a soft tissue injury – is a damning reflection on the degree of Irish civilisation.

    Disturbingly, despite a government pledge in 2017 to end the practice by this year, it was revealed in August that fifty-one inmates in Irish prisons are still slopping out.

    It could be you…

    Most of us, generally law-abiding citizens are not kept awake at night at the prospect of a stretch behind bars, but even among ‘respectable’ families there are often members who find themselves on the wrong side of the law. And delving into family histories invariably yields an ancestor who has offended against dominant morals expressed in the laws of the day.

    In my own case, a great-grandfather Luke Armstrong (1853-1910) of Tubbercurry, Co. Sligo was subjected to at least two stretches behind bars for activities he viewed as political – the so-called Land War of the early 1880s – but which the Crown authorities considered criminal. An ambitious shopkeeper, ‘who was better dressed than his Tubbercurry companions,’ he was arrested in April, 1884 and charged with his fellow conspirators with being a member of the Fenian Society, and conspiring to murder a land agent.

    An eviction during the Land War.

    Luke Armstrong and his co-defendants were eventually transferred to Kilmainham Gaol in Dublin, and brought to trial the following November at Green Street Courthouse. Thankfully, given the gravity of the charges, all the accused were acquitted based on the unreliability of the Crown informant’s evidence.

    As a high-ranking member of the IRB, this was not Luke’s first brush with authority. He was also incarcerated in Enniskillen Gaol earlier in the 1880s where he was subjected to ‘two days’ solitary confinement by the Governor. Luke must have gained extensive experience of slopping out during these unwelcome sojourns.

    The Land War of the 1880s may seem like a far off, almost mythical, period, but as recently as the 1940s Irish political prisoners were held – for years on end in many cases – without trial under Emergency Powers Orders in Nissen huts in the Curragh – labelled Tin Town (Baile an Stáin or an Bhaile Stáin) by internees that included the novelist Máirtiín Ó Cadhain.

    According to the historian Tony Gray, the EPOs ‘were so draconian that they effectively abolished democracy for the period, and most aspects of the life of the country were controlled by the dictatorial powers the government acquired.’[i]

    Ironically, another great-grandfather of mine, former Taoiseach (1948-51 and 1954-57) John A. Costello, was responsible for drafting emergency legislation while Attorney General in 1926 in response to the assassination of Kevin O’Higgins; although according to his biographer David McCullagh: ‘While portrayed as draconian, the response was in fact far more measured than might have been expected, or than was initially considered.’[ii]

    At least, to Costello’s credit, in opposition when emergency powers legislation came before the Dáil again during World War II he insisted on a right of appeal to the courts from special tribunals.[iii]

    John A. Costello 1891-1976.

    Today, new emergency legislation in response to the pandemic awakens fears that “generally law-abiding citizens” could yet fall foul of draconian laws intended to protect the community. Indeed, the term ‘lockdown’ is derived from the lexicon of incarceration: the confinement of prisoners to their cells for all or most of the day as a temporary security measure. Perhaps our experience of stay-at-home orders will instil greater empathy with the loss of liberty and privations endured by a prisoner.

    One should be hesitant, therefore, to assume prison to be the fate alone of an underclass or those exhibiting extraordinary moral deviancy. Any one of us could face a stint behind bars, either through weakness, as a result of a mistake or error, a miscarriage of justice, or even where a moral conviction leads to a stand against a law or authority we consider illegitimate.

    In accepting this possibility, we should consider the minimum duty of care owed by the State to any person incarcerated, and the purpose of a prison sentence.

    Principles of Sentencing

    Objectives of sentencing include revenge, retribution, just deserts, deterrence, incapacitation, rehabilitation and restoration.[iv] The most familiar type of sentencing is a custodial sentence, but judges can also levy fines, or make community service orders; contributions to the poor box are often accepted as a form of contrition in lieu of sentencing.

    The handing down of a prison sentence demonstrates to the community that morally repugnant behaviour will receive its just deserts. The threat of incarceration may also act as a deterrent, and a victim’s desire for revenge or retribution should be respected and vindicated.

    The current conditions of Ireland’s prisons now amply provide for deterrence and revenge: who in their right mind would relish even a night in ‘the Joy’?

    To an extent this is how it should be. Unless the State administers sentencing proportionate to a crime – as agreed by the community through its laws – faith could be lost in the rule of law. Indeed, vigilantism could emerge in its absence – as we have witnessed with extra-legal pursuit of drug dealers in some Dublin neighbours, and especially in Northern Ireland, where horrific kneecapping still occurs. The State should endeavour to monopolize the use of force with the objective of reducing violence, and other antisocial behaviours, overall.

    Mandatory sentencing of ten years under the Misuse of Drugs Act 1999 for possession of drugs with a value over €13,000 has not, however, proved an effective deterrent and in most cases judges find exceptional circumstances apply to avoid the full imposition of the term for what is a non-violent offence.

    It is understandable that judges would wish to avoid the nuclear option of a prison sentence, which often hardens individuals to lives in crime. If, however, Irish carceral institutions adequately rehabilitated young offenders in particular – nipping errant behaviours in the bud – judges might be inclined to prescribe short interventions. This could offer a chance for someone to turn over a new leaf, and even learn new skills in a safe environment.

    Legislators might also consider broadening the range and reducing the period for convictions to be ‘spent’ – fixed at seven years for particular offences. This might diminish the social stigma of serving time behind bars, allowing for it to be seen as a therapeutic intervention rather than a lifelong stain on one’s reputation.

    One means of addressing victim impact and an understandable desire for retribution or revenge is through non-adversarial mediation. This includes the idea of restorative justice, which brings perpetrators together with victims of crime. Ideally, a consensus is formed around what the offender can do to repair the harm caused by the offence. See Alan Gilsenan’s documentary The Meeting (below).

    Anders Breivik

    Incapacitation is also a necessary ingredient to sentencing, where an individual presents an ongoing threat to society, or even to fellow prisoners. This is a familiar justification for the death penalty, and there remain scenarios where an agent of the state – usually a police officer – acting in the common good, may lawfully kill someone, notwithstanding the twenty-first amendment to the Irish Constitution prohibiting the death penalty. Such a response is only lawful if it is proportionate to the threat – a test similar to justifications for self-defence.

    Dostoyevsky’s moral argument, and the likelihood of miscarriages of justice, are convincing arguments against the death penalty, but the ongoing danger posed by individuals must still influence the severity of sentencing.

    Thus, the continued solitary confinement of Anders Breivik – currently serving twenty-one years for a bomb and shooting attack that left seventy-seven people dead in Oslo – was not held to violate Articles 3 and 8 of the European Convention on Human Rights, relating to the prevention of torture and inhuman or degrading torture, and the right to privacy and family life.

    Flowers laid in front of Oslo Cathedral the day after the attacks. Image: Johannes Grødem

    The test employed is one of proportionality. The court obviously took into account that Breivik is a mass murderer who had admitted to indiscriminate killing for a political end. Authorities fear he could exert a nefarious influence over fellow prisoners given an opportunity to do so. This view may be correct but it sets a dangerous precedent; albeit the Norwegian government argued that Breivik’s three-cell complex, with access to video games, TV and exercise facilities, is better than the conditions of most other prisoners, thereby compensating for his solitary confinement.

    In recent times terrorism has emerged as a justification for harsher sentencing – and even torture – and extended periods of questioning before charges, but the definition of a terrorist is loose and unsatisfactory, and a form of structural racism (or Islamophobia) appears to inform treatment of offenders in many jurisdictions. My own great-grandfather was considered a Fenian terrorist in his day.

    Satirical drawing, ‘the fenian-pest,’ Punch Magazine, 1866.

    Open Prisons

    The temporary removal of liberties such as conjugal rights between husband and wife is generally considerate a proportionate punishment when a guilty verdict is found. This view was upheld in Ireland in the case of Murray v. Ireland [1985]. But what if the denial of such a liberty impedes rehabilitation or the restoration of a flourishing individual to society? This judgment may merit re-examination if we are to prioritise rehabilitation.

    The interest of the community in ensuring a prisoner is equipped to transition back into civilian life should trump an understandable desire for revenge felt by victims of crime and their relatives. But this reasoning does not now inform sentencing in Ireland, where even posting a letter requires a lengthy review process at either end. Enjoying the privilege of just one phone call a week means prisoners cannot easily stay in touch with family members.

    Among the reasons for Finland’s low rate of recidivism is the open prisons developed to prepare convicts for life on the outside. Instructively, Finland has the lowest per capita incarceration rate in the European Union, with just 51 people per 100,000 in some form of prison, according to the World Prison Brief, while Ireland’s stands at 84 per 100,000, which might well be higher but for current overcrowding inhibiting sentencing.

    The former prison building of Katajanokka, Finland is being renovated into a hotel.

    Also, instructively, Ireland ranked sixth worst in Europe in a crime index conducted by Numbeo scoring 44.52, whereas Finland lies in thirty-fifth place overall on 22.80. Thus, despite a significantly smaller prisoner population, Finland is also a safer country than Ireland, scoring 77.20 against 55.48. Given Ireland’s GDP per capita ($89,383) exceeds Finland’s ($49,334) by a considerable margin, this is clearly a question of priorities rather than resources, and sadly, an indicator of our respective “degrees of civilisation.”

    Sasu Tyni, a researcher at Helsinki University and the Criminal Sanctions Agency (RISE), says that the Finnish system is based on a belief that locking people up is a last resort. ‘Closed prisons are more or less grounded in security purposes, while open prisons aim to be closer to society, family, work etc,’ she explains. ‘The strategy of the Criminal Sanctions Agency has for years been to use closed prison as the last option. We assume an open prison system can decrease the risk of recidivism.

    Prison governor Kaisa Tammi-Moilanen explains that prison authorities have ‘purposely tried to avoid everything that we can which are associated with a prison,’ which means there are no physical barriers stopping prisoners from escaping. Tammi-Moilanen explains this is intentional, as it encourages prisoners to develop a sense of self-control.

    Prisoners in a closed prison don’t need to learn any self-control, because everything they do is controlled. But to be a normal citizen you need to have inner control of your life, so you know how to behave, you know what is good for you and you know what is good for the society.

    In contrast in Ireland, according to the annual report of the Inspector of Prisons from 2008:

    At present the open prisons at Loughan House and Shelton Abbey are, to an extent, used to cope with the overcrowding in the closed prisons and therefore in their current use could only play a minor role in the effective management of prisoners through the prison system.

    There is no evidence that international best practice has been taken into account since.

    Reskilling

    Re-evaluation of the role of Irish prisons does not appear to be on the immediate horizon. The new Minister for Justice Helen McEntee indicated that Garda reform, domestic violence and the modernisation of the sector’s IT services were her three priorities in an interview with the Sunday Business Post in August.

    Yet historic shortfalls in rehabilitation have brought high rates of recidivism at significant cost to the exchequer: the average price of an ‘available, staffed prison space’ was €75,349 in 2019. Moreover, the lawlessness evident in parts of Ireland can be traced, at least in part, to the failure of the prison system to rehabilitate adequately.

    Targeted investment should produce long-term savings by reducing recidivism. The new Minister thus has a huge opportunity to leave a profound legacy that could ameliorate conditions in certain ‘no go’ neighbourhoods.

    Introducing meaningful open prisons to reintegrate prisoners into communities would require a cultural shift however. Prevailing Irish attitudes towards crime are informed by enduring social cleavages: in Dublin expressed in euphemisms about someone being ‘from the inner city;’ or ‘of Traveller origin’ in rural Ireland. Yet prison reform could address long-term poverty and social exclusion. Any progress would be a significant feather in the new Minister’s cap.

    It seems obvious that prisons should offer inmates a chance to break the chain in a life of crime, rather than perpetuating one. Sadly, incarceration remains a breeding ground for criminality. Fresh thinking is required to address shortfalls in mental health provision, drug addiction counselling, and general education – especially illiteracy: one in six of the adult population in Ireland is still functionally illiterate.

    In 1997 the Irish Times reported: ‘It is widely accepted that the standard of education of most inmates adults and juveniles is somewhere between third and fifth class of primary school.’ Twenty years later the same paper reported: ‘Overall, four out of five prisoners (80 per cent) left school before their Leaving Cert, more than half (52 per cent) left before their Junior Cert, and just over a quarter (26 per cent) never attended secondary school.’

    Anyone hoping to leave a life in crime behind should be able to glimpse viable alternatives while in prison. A Leaving Certificate is generally seen as a foothold for advancing one’s career. In 2011 the Irish Times reported that 117 prisoners were sitting the Leaving Cert and 161 were taking Junior Cert exams that year, but current figures are not easily accessible.

    Alternatively, offering prisoners business skills has been floated as one approach by chef-entrepreneur Domini Kemp, who participated on a programme at Wheatfield Prison. As she it put it:

    I read that prisoners cost north of €68K a year in Ireland and it struck a chord with me that if you could teach them how to start their own business and reduce the rate of reoffending, how much you could save.

    An entrepreneurial career path will obviously not suit every ex-prisoner. The challenge of starting a small business should not be underestimated. But the state should be empowering prisoners with career alternatives for when they return to their communities.

    Mountjoy Campus, North Circular Road, Dublin, Dublin 7, Ireland

    Wellbeing

    In an enlightened society such as Finland’s it appears as if the traditional prison is being phased out. This may be attributed to many factors including an inclusive education system, as well as advanced ideas on wellbeing. Minister of Social Affairs and Health in Finland, Pirkko Mattila, explains the connection between economic growth and wellbeing:

    Economic growth improves people’s wellbeing, whereas wellbeing and health of the population enhance economic growth and stability. This interlinkage must be better recognised. In Finland, we are putting forward a holistic approach to this question that requires horizontal thinking and cross-sectoral co-operation. We call this approach, the Economy of Wellbeing.

    This holistic approach seems to play an important role in keeping crime to a minimum in Finland. In contrast the steady acquisition of wealth in Ireland appears to be decoupled from the Economy of Wellbeing. A more enlightened prison system could help bridge that divide.

    Nevertheless, it may be impossible ever to extinguish the evil that leads to certain crimes. The example of Anders Breivik in Norway demonstrates that even highly civilised countries witness heinous crimes, or black swan events.

    We may always require prisons to act as a deterrent and to protect society from evil behaviour, but it is worth bearing in mind that any one of us could find ourselves behind bars. It is in all our interests that prisons assist inmates to become functioning members of society. The Irish prison system is now perpetuating criminality, and the new Minister should make reform a priority.

    Featured Image: main hall of Kilmainham Gaol.

    [i] Tony Gray, The Lost Years: The Emergency in Ireland 1939–45 Little Brown & Co, London, 1997, p. 5.

    [ii] David McCullagh, The Reluctant Taoiseach: A Biography of John A. Costello, Gill and MacMillan, Dublin, 2010, p.63

    [iii] Ibid, p.139

    [iv] See Frank Schmalleger & John Ortiz, Corrections in the 21st Century, 4th Edition, 2009, p.71