Page:American Journal of Sociology Volume 6.djvu/713

 PUNISHMENT TO FIT THE CRIME 699

which may be violated with impunity is not law. The existence of society as an organized state depends on law, whether it be the law of physical force or the law of spiritual force the law of love ; and therefore the state, in order to exist, must punish those who violate its laws. And this the state organized society has attempted from the dawn of civilization: it ordains that the violator of its laws shall suffer either physically or by the denial of certain rights and privileges, or both. But it is also necessary that punishment inflicted by the state should be just, that it should have some relation to the nature of the offense a principle which cannot be successfully disputed, and which is generally admitted by those who have given the matter any attention. The violation of the laws of nature is fol- lowed by penalties directly related to the offense. The mere stating of this fact is sufficient without argument.

In primitive societies punishment for murder is largely in the hands of the family, clan, or tribe to which the victim belonged. The idea is purely one of vengeance, which gives rise to all sorts of cruel tortures, simply for their own sake. In civilized socie- ties the crime is regarded not so much as an offense against an individual as one against the state, and therefore the state regu- lates and inflicts the punishment The life of the state depends on the life of its citizens ; and, in self-defense, the state retains its right of removing those who have ruthlessly destroyed the lives of their fellows, and who have shown by their conduct that they have no more right to be at large among men than tigers and wolves.

In the infliction of punishment by the state three elements have been more or less clearly recognized : first, the reparation of the wrong that has been done, which includes the idea of retribution; second, the reformation of the wrongdoer; and third, the warning of would-be criminals of the consequences of crime to deter them. These ideas are applied in crimes against property ; the stolen goods, if discovered, are returned to their owner, and the thief is imprisoned for his own reforma- tion, and to serve as an "awful example" for others, as well as for himself. Crimes against the person are often punished by