talionis_ the equilibrium of the disturbed relations of power is restored, for in such primitive times an eye or an arm more means a bit more power, more weight.—In a community where all consider themselves equal, disgrace and punishment await crime—that is, violations of the principle of equilibrium. Disgrace is thrown into the scale as a counter-weight against the encroaching individual, who has gained profit by his encroachment, and now suffers losses (through disgrace) which annul and outweigh the previous profits. Punishment, in the same way, sets up a far greater counter-weight against the preponderance which every criminal hopes to obtain—imprisonment as against a deed of violence, restitution and fines as against theft. Thus the sinner is reminded that his action has excluded him from the community and from its moral advantages, since the community treats him as an inferior, a weaker brother, an outsider. For this reason punishment is not merely retaliation, but has something more, something of the cruelty of the state of nature, and of this it would serve as a reminder. 23. WHETHER THE ADHERENTS OF THE DOCTRINE OF FREE WILL HAVE A RIGHT TO PUNISH?—Men whose vocation it is to judge and punish try to establish in every case whether an evil-doer is really responsible for his act, whether he was able to apply his reasoning powers, whether he acted with motives and not unconsciously or under constraint. If he is punished, it is because he preferred the worse to the better motives, which he must consequently have known. Where this knowledge is wanting, man is, according to the prevailing view, not responsible—unless his ignorance, _e.g._ his _ignorantia legis_, be the consequence of an intentional neglect to learn what he ought: in that case he already preferred the worse to the better motives at the time when he refused to learn, and must now pay the penalty of his unwise choice. If, on the other hand, perhaps through stupidity or shortsightedness, he has never seen the better motives, he is generally not punished, for people say that he made a wrong choice, he acted like a brute beast. The intentional rejection of the better reason is now needed before we treat the offender as fit to be punished. But how can any one be intentionally more unreasonable than he ought to be? Whence comes the decision, if the scales are loaded with good and bad motives? So the origin is not error or blindness, not an internal or external constraint? (It should furthermore be remembered that every so-called “external constraint” is nothing more than the internal constraint of fear and pain.) Whence? is the repeated question. So reason is not to be the cause of action, because reason cannot decide against the better motives? Thus we call “free will” to our aid. Absolute discretion is to decide, and a moment is to intervene when no motive exercises an influence, when the deed is done as a miracle, resulting from nothing.