the very material idea of "owe"? Or that punishment developed as a retaliation absolutely independently of any preliminary hypothesis of the freedom or determination of the will?—And this to such an extent, that a high degree of civilisation was always first necessary for the animal man to begin to make those much more primitive distinctions of "intentional," "negligent," "accidental," "responsible," and their contraries, and apply them in the assessing of punishment. That idea—"the wrong-doer deserves punishment because he might have acted otherwise," in spite of the fact that it is nowadays so cheap, obvious, natural, and inevitable, and that it has had to serve as an illustration of the way in which the sentiment of justice appeared on earth, is in point of fact an exceedingly late, and even refined form of human judgment and inference; the placing of this idea back at the beginning of the world is simply a clumsy violation of the principles of primitive psychology. Throughout the longest period of human history punishment was never based on the responsibility of the evil-doer for his action, and was consequently not based on the hypothesis that only the guilty should be punished;—on the contrary, punishment was inflicted in those days for the same reason that parents punish their children even nowadays, out of anger at an injury that they have suffered, an anger which vents itself mechanically on the author of the injury—but this anger is kept in bounds and modified through the idea that every injury has somewhere or other its equivalent price, and can really be paid off, even though it be by means of pain to the author. Whence is it that this ancient deep-rooted and now perhaps in-
