THE ASSERTION AND DENIAL OF THE WILL. 449
form a state, have renounced the doing of wrong, and assumed the task of maintaining the state. Thus the law and the fulfilment of it, the punishment, are essentially directed to the future, not to the past. This distinguishes punishment from revenge; for the motives which instigate the latter are solely concerned with what has happened, and thus with the past as such. All requital of wrong by the infliction of pain, without any aim for the future, is revenge, and can have no other end than consolation for the suffering one has borne by the sight of the suffering one has inflicted upon another. This is wickedness and cruelty, and cannot be morally justified. Wrong which some one has inflicted upon me by no means entitles me to inflict wrong upon him. The requital of evil with evil without further intention is neither morally nor otherwise through any rational ground to be justified, and the jus talionis set up as the absolute, final principle of the right of punishment, is meaningless. Therefore Kant's theory of punishment as mere requital for requital's sake is a completely groundless and perverse view. Yet it is always appearing in the writings of many jurists, under all kinds of lofty phrases, which amount to nothing but empty words, as: Through the punishment the crime is expiated or neutralised and abolished, and many such. But no man has the right to set himself up as a purely moral judge and requiter, and punish the misdeeds of another with pains which he inflicts upon him, and so to impose penance upon him for his sins. Nay, this would rather be the most presumptuous arrogance; and therefore the Bible says, "Vengeance is mine; I will repay, saith the Lord." But man has the right to care for the safety of society; and this can only be done by interdicting all actions which are denoted by the word "criminal," in order to prevent them by means of counter-motives, which are the threatened punishments. And this threat can only be made effective by carrying it out when a case
