43. A misdemeanor may be much more heinous than a felony. The adulterator of drugs or the employer of child labor may well be regarded as vastly more reprehensible than the tramp who steals part of the family wash. So far as that goes there is an alarming multitude of acts and omissions not forbidden by statute or classified as crimes which are to all intents ... fully as criminal as those designated as such by law.... For example, to push a blind man over the edge of the cliff so that he is killed ... is murder, but to permit him to walk over it is no crime at all. It is a crime to defame the character of a woman if you write on a slip of paper, but no crime at all in the state of New York if you rise in a crowded hall and ruin her forever by word of mouth. It is a crime to steal a banana off a fruit stand, but no crime at all to borrow ten thousand dollars from a man whose entire fortune it is, although you have no expectation of returning it.... It is a crime to ruin a girl of 17 years and 11 months, but not to ruin a girl of 18.... Lying is not a crime, but lying under oath is a crime, provided it relates to a _material_ matter, and what is a material matter jurists do not agree on.... Many criminals, even guilty of homicide, are as white as snow in comparison with others who have never transgressed the literal wording of the penal statute. “We used to have so and so for our lawyer,” remarked the president of a street-railway corporation. “He was always telling us what we couldn’t do. Now we have Blank and pay him $100,000 a year to tell us how we can do the same things.”[45] The definition of the situation is equivalent to the determination of the vague. In the Russian _mir_ and the American rural community of fifty years ago nothing was left vague, all was defined. But in the general world movement to which I have referred, connected with free communication in space and free communication of thought, not only particular situations but the most general situations have become vague. Some situations were once defined and have become vague again; some have arisen and have never been defined. Whether this country shall participate in world politics, whether America is a refuge for the oppressed of other nationalities, whether the English should occupy India or the Belgians Africa, whether there shall be Sunday amusements, whether the history of the world is the unfolding of the will of God, whether men may drink wine, whether evolution may be taught in schools, whether marriage is indissoluble, whether sex life outside of marriage is permissible, whether children should be taught the facts of sex, whether the number of children born may be voluntarily limited,—these questions have become vague. There are rival definitions of the situation, and none of them is binding.