_sq._--The social origin of the _lex talionis_, pp. 177-180.--The transition from revenge to punishment, and the establishment of a central judicial and executive authority, pp. 180-183.--The jurisdiction of chiefs, p. 183 _sq._--The injured party or the accuser acting as executioner, but not as judge, p. 184_sq._--The existence of punishment and judicial organisation among a certain people no exact index to its general state of culture, p. 185.--The supposition that punishment has been intended to act as a deterrent, p. 185 _sq._--Among various semi-civilised and civilised peoples the criminal law has assumed a severity which far surpasses the rigour of the _lex talionis_, pp. 186-183.--Wanton cruelty not a general characteristic of the public justice of savages, pp. 188-190. Legislators referring to the deterrent effects of punishment, p. 190 _sq._--The practice of punishing criminals in public, p. 191 _sq._--The punishment actually inflicted on the criminal in many cases much less severe than the punishment with which the law threatens him, p. 192 _sq._--The detection of criminals was in earlier times much rarer and more uncertain than it is now, p. 193.--The chief explanation of the great severity of certain {xi} criminal codes lies in their connection with despotism or religion or both, pp. 193-198.--Punishment may also be applied as a means of deterring from crime, p. 198 _sq._--But the scope which justice leaves for determent pure and simple is not wide, p. 199.--The criminal law of a community on the whole a faithful exponent of moral sentiments prevalent in that community at large, pp. 199-201. CHAPTER VIII THE GENERAL NATURE OF THE SUBJECTS OF ENLIGHTENED MORAL JUDGMENTS