An act is a crime, [1] we are told, for the pure sociologist, when it offends the strong and definite collective sentiments of society. This is the strictly causal view of the matter. The act is a crime because it offends; it does not offend because it is a crime. And the corollaries are valuable. It is idle to distinguish, on such a basis, between the reformatory, the retributive, and the deterrent views of the reaction which is punishment. [2] An offensive act is in itself at once an exhibition of character, an injury, and a menace. If a man {38} assaults me in the street, and I knock him down; how futile to ask if my action is meant to cure him of his insolence, to punish him for having hit me, or to prevent him from hitting me again! The real fact is that I am offended, and I react by way of injury and negation against that which offends me. Now, this view, I think, illuminates the subject. By going back to the simple operative cause, as it may be supposed to exist especially in the mind of a tribe in an early stage of development (M. Durkheim is chiefly referring to religious offences), we have got a plain type of mental reaction, easy to imagine and to understand. In this type we see at once the unity of aspects which the forms of law, and legal or philosophical theory, tend later to dissociate in a fictitious degree. And moreover we are reminded that a law must have something behind it; some positive sentiment or conviction, without which it would be unaccountable and unmeaning. [1] Durkheim, _Op. cit_., livre I., ch. ii. [2] See ch. viii. below. But when all this is said, it must not be supposed that penal law has been reduced to the level of a strong and definite collective sentiment, or a crime to the level of an annoyance. The simplest penal law of a self-existent social group is different from the anger of a crowd or mob. There is in it some sense of permanence, and permanence means responsibility and generality--a distinction of right and wrong. The fact of formally constituting a crime, _i.e._ of announcing a law, implies that mere distaste is no ground of punishment. The law means that there is something worth maintaining, and that this is recognised, and that to violate this recognition is not merely to be unpopular, but to {39} sin against the common good, and to break an obligation. With less than this there is no true crime.