marks of a florid fancy, are said to answer their benevolent purpose perfectly; for they sink deep into the credulous minds to which they are addressed: they touch the seared conscience and the callous heart which no appeal to mere natural affection could move to pity.[151.1] [Sidenote: The fear of ghosts operates in a twofold way to enforce respect for human life: it furnishes the individual with a motive for abstaining from murder, and it furnishes the community with a motive for punishing the murderer.] But while the fear of the ghost has thus operated directly to enhance the sanctity of human life by deterring the cruel, the passionate, and the malignant from the shedding of blood, it has operated also indirectly to bring about the same salutary result. For not only does the hag-ridden murderer himself dread his victim’s ghost, but the whole community, as we have seen, dreads it also and believes itself endangered by the murderer’s presence, since the wrathful spirit which pursues him may turn on other people and rend them. Hence society has a strong motive for secluding, banishing, or exterminating the culprit in order to free itself from what it believes to be an imminent danger, a perilous pollution, a contagion of death.[151.2] To put it in another way, the community has an interest in punishing homicide. Not that the treatment of homicides by the tribe or state was originally conceived as a punishment inflicted on them: rather it was viewed as a measure of self-defence, a moral quarantine, a process of spiritual purification and disinfection, an exorcism. It was a mode of cleansing the people generally and sometimes the homicide himself from the ghostly infection, which to the primitive mind appears to be something material and tangible, something that can be literally washed or scoured away by water, pig’s blood, sheep’s blood, or other detergents. But when this purification took the form of laying the manslayer under restraint, banishing him from the country, or putting him to death in order to appease his victim’s ghost, it was for all practical purposes indistinguishable from punishment, and the fear of it would {152} act as a deterrent just as surely as if it had been designed to be a punishment and nothing else. When a man is about to be hanged, it is little consolation to him to be told that hanging is not a punishment but a purification. But the one conception slides easily and almost imperceptibly into the other; so that what was at first a religious rite, a solemn consecration or sacrifice, comes in course of time to be a purely civil function, the penalty which society exacts from those who have injured it: the sacrifice becomes an execution, the priest steps back and the hangman comes forward. Thus criminal justice was probably based in large measure on a crude form of superstition long before the subtle brains of jurists and philosophers deduced it logically, according to their various