is fair that the wrong-doer should restore the thing that he has taken, and so put matters where they were before. But this is obviously to take a view which is quite inapplicable in most cases, and in all cases becomes inadequate when we take the moral view, and regard crime as an offence against society--not simply as a wrong to another individual. For such reasons, it is apparently impossible to say that a legal punishment can be just, in the full sense in which the moralist would use the words. No doubt we may say,--and we wish that we could always say,--that a man "deserves" what he has got; and that implies that we recognise as desirable some satisfaction to our sense of justice. And, of course, too, we demand that justice should be done in another sense of the word; that the case, for example, should be impartially investigated; that a man should not be punished severely because he is poor, or because he is unpopular, or let off easily because he is a private friend of the judge. Such demands mean that justice should not be perverted by applying irrelevant considerations; but they leave our previous questions untouched. The criminal law, from its nature, cannot impose equal penalties upon all men who are equally wicked; but only upon those who have made themselves liable: and that always involves elements of accident; it cannot take into account at all some of the elements upon which the depth of moral depravity essentially depends; and it is, at least, very difficult to say what specific meaning can be given to the proportion between crime and the suffering imposed upon the criminal.