But all have modified it to some degree, and the modifications have taken many forms--the punishment of someone not the criminal, compensation in money or in goods, incarceration, and what not. Nor have the modifications been made solely on account of the difficulty of applying the rule baldly stated. Other influences have been at work. Thus, in the famous Babylonian code, the man who struck out the eye of a patrician lost his own eye in return, and his tooth answered for the tooth of an equal--but the rule was not made general. [Footnote: 5 HOBHOUSE, _Morals in Evolution,_ I, chapter iii, Sec 3; New York, 1906.] In state after state it has been found just to treat differently the patrician, the plebeian, the slave, the man, the woman, the priest. In the very state to which Butler belonged, benefit of clergy could be claimed, up to relatively recent times, by those who could read. The educated criminal escaped hanging for offences for which his illiterate neighbor had to swing. [Footnote: _Ibid.,_ Sec. 11.] Nor is there any clear concensus of opinion touching the question of who shall be selected as the bearer of punishment. If a man has injured another unintentionally, shall he be held to make amends? It has seemed just to men that he should. [Footnote: WESTERMARCK, chapter ix.] That one man should be made responsible for the misdeeds of another, under the principle of collective responsibility, has commended itself as just to a multitude of minds. Not merely the sins of the fathers, but those of the most distant relations, those of neighbors, of fellow-tribesmen, of fellow-citizens, have been visited upon those whose sole guilt lay in such a connection with the directly guilty parties. This is not a sporadic phenomenon. Among the ancient Hebrews, in Babylonia, in Greece, in the later legislation of Rome, in medieval and even in modern Europe, the principle of collective responsibility has been accepted and has seemed acceptable. Asia, Africa and Oceania have cast votes for it. So have the Americas. [Footnote: WESTERMARCK, I, chapter ii; DEWEY AND TUFTS, _Ethics_, New York, 1919, Part I, chapter ii.]