If society has the right to conserve itself, it has also the right to take the means: these means are the laws which present or ought to present to the will of man those motives which are most suitable to deter him from committing injurious actions. If these motives fail of the proper effect, if they are unable to influence him, society, for its own peculiar good, is obliged to wrest from him the power of doing it further injury. From whatever source his actions may arise, therefore, whether they are the result of free-agency, or whether they are the offspring of necessity, society coerces him if, after having furnished him with motives, sufficiently powerful to act upon reasonable beings, it perceives that these motives have not been competent to vanquish his depraved nature. It punishes him with justice, when the actions from which it dissuades him are truly injurious to society; it has an unquestionable right to punish, when it only commands those things that are conformable to the end proposed by man in his association; or defends the commission of those acts, which are contrary to this end; which are hostile to the nature of beings associated for their reciprocal advantage. But, on the other hand, the law has not acquired the right to punish him: if it has failed to present to him the motives necessary to have an influence over his will, it has not the right to coerce him if the negligence of society has deprived him of the means of subsisting; of exercising his talents; of exerting his industry; of labouring for its welfare. It is unjust, when it punishes those to whom it has, neither given an education, nor honest principles; whom it has not enabled to contract habits necessary to the maintenance of society: it is unjust when it punishes them for faults which the wants of their nature, or the constitution of society has rendered necessary to them: it is unjust, it is irrational, whenever it chastises them for having followed those propensities, which example, which public opinion, which the institutions, which society itself conspires to give them. In short, the law is defective when it does not proportion the punishment to the real evil which society has sustained. The last degree of injustice, the acme of folly is, when society is so blinded as to inflict punishment on those citizens who have served it usefully.