other will, would be a principle hostile to life, a destroyer and dissolver of man, an outrage on the future of man, a symptom of fatigue, a secret cut to Nothingness.—
12.
A word more on the origin and end of punishment—two problems which are or ought to be kept distinct, but which unfortunately are usually lumped into one. And what tactics have our moral genealogists employed up to the present in these cases? Their inveterate naivete. They find out some "end" in the punishment, for instance, revenge and deterrence, and then in all their innocence set this end at the beginning, as the causa fiendi of the punishment, and—they have done the trick. But the patching up of a history of the origin of law is the last use to which the "End in Law"[1] ought to be put. Perhaps there is no more pregnant principle for any kind of history than the following, which, difficult though it is to master, should none the less be mastered in every detail.—The origin of the existence of a thing and its final utility, its practical application and incorporation in a system of ends, are toto caelo opposed to each other—everything, anything, which exists and which prevails anywhere, will always be put to new purposes by a force superior to itself, will be commandeered afresh, will be turned and transformed to new uses; all "happening" in the organic world consists of overpowering and dominating, and again all overpowering and domination is a new interpretation and adjustment, which must necessarily obscure or absolutely extinguish the subsisting "meaning" and "end."
- ↑ An allusion to Der Zweck im Recht, by the great German jurist, Professor Ihering.
