I say "social" conscience, because I by no means wish to say that these are conscienceless people; they have, for active use, sufficient conscience to go through their daily parts in life, and they think that is all that is required. Of the lives of others, of the effects of their attitude in cursing the existences of thousands whom they do not know, they have no conception; they sleep; and they hear the voices of those who cry aloud about these things, dimly, as in dreams; and they do not wish to awaken. Nevertheless, at the end of the centuries they always awaken. It is the radical who always wins at last. At the end of the centuries institutions are reviewed by this aroused social conscience, are revised, sometimes are utterly rooted out. Thus it is with the institutions of Crime and Punishment. The conservative holds that these things have been decided from all time; that crime is a thing-in-itself, with no other cause than the viciousness of man; that punishment was decreed from Mt. Sinai, or whatever holy mountain happens to be believed in in his country; that society is best served by strictness and severity of judgment and punishment. And he wishes only to make his indifferent brothers keepers of other men's consciences along these lines. He would have all men be hunters of men, that crime may be tracked down and struck down. The radical says: All false, all false and wrong. Crime has not been decided from all time: crime, like everything else, has had its evolution according to place, time, and circumstance. "The demons of our sires become the saints that we adore,"--and the saints, the saints and the heroes of our fathers, are criminals according to our codes. Abraham, David, Solomon,--could any respectable member of society admit that he had done the things they did? Crime is not a thing-in-itself, not a plant without roots, not a something proceeding from nothing; and the only true way to deal with it is to seek its causes as earnestly, as painstakingly, as the astronomer seeks the causes of the perturbations in the orbit of the planet he is observing, sure that there must be one, or many, somewhere. And Punishment, too, must be studied. The holy mountain theory is a failure. Punishment is a failure. And it is a failure not because men do not hunt down and strike enough, but because they hunt down and strike at all; because in the chase of those who do ill, they do ill themselves; they brutalize their own characters, and so much the more so because they are convinced that this time the brutal act is done in accord with conscience. The murderous deed of the criminal was _against_ conscience, the torture or the murder of the criminal by the official is _with_ conscience. Thus the conscience is diseased and perverted, and a new class of imbruted men created. We have punished and punished for untold thousands of years, and we have not gotten rid of crime, we have not diminished it. Let us consider then.