“The foundation of our criminal law stands or falls with the idea of guilt. With it stands and falls also the office of the judge, whose duty is the dispensation and utilisation of justice. He who does not believe in the possibility of guilt cannot without inconsistency pronounce any one guilty. He who as a matter of principle or at least within certain not well defined limits denies the freedom of the human will can no longer serve as a judge, certainly not as a criminal judge.” Justice Eugene Schiffer is a conservative man. He demands that for the protection of the old world-conception the office of judge should be carefully guarded against such intruders as are not in sympathy with the present world-conception. He says: “Exactly as the church, in order to preserve herself and to guard against her theology being diluted into a watery philosophy of religion, is bound not to separate the conditions of her life from a definite world-conception, so also justice, in order to deserve its name, should oblige its servants to take a definite position toward the ultimate world-problems.... He who does not accept in his conviction the moral foundations of a certain calling, must not choose it, or if he has chosen it, he must renounce it—or he must in his profession act against his conviction—unless he risks being discharged from his office on account of a neglect of duties.” We agree with Justice Schiffer in one most important point, viz., the intimate connection of religion with practical life and of our world-conception with all our doing and achieving. But we differ from him in another no less important point, viz., in the proposition to prevent the present world-conception from undergoing a further growth and higher evolution. His proposition is nothing less than to make humanity and all its institutions stationary. Everything that exists has a natural right to defend its existence, and so has the present world-conception. But that which grows and develops out of the conditions of the present existence has also a natural right to attain existence. The ideal world of the “is to be” is not a non-existence, as it might appear to the unknowing, but a germ existence, and if there is no room for both the actual existence of the present state and the germ existence of a new state, a struggle will ensue. There are at present and always have been many spurious world-conceptions which if they overcame the present world-conception would lead humanity backward to the beginning of civilisation. Indeed most propositions of reform are reversals which would undo the results of evolution and reduce mankind to primitive conditions. The fermenting minds of those who still hope to cure all the ills and woes of society by one stroke, have not yet outgrown the idea of the perfection, nobility, and happiness of the so-called original state of nature,