wrong by the infliction of pain, without any aim for the future, is revenge, and can have no other end than consolation for the suffering one has borne by the sight of the suffering one has inflicted upon another. This is wickedness and cruelty, and cannot be morally justified. Wrong which some one has inflicted upon me by no means entitles me to inflict wrong upon him. The requital of evil with evil without further intention is neither morally nor otherwise through any rational ground to be justified, and the _jus talionis_ set up as the absolute, final principle of the right of punishment, is meaningless. Therefore Kant’s theory of punishment as mere requital for requital’s sake is a completely groundless and perverse view. Yet it is always appearing in the writings of many jurists, under all kinds of lofty phrases, which amount to nothing but empty words, as: Through the punishment the crime is expiated or neutralised and abolished, and many such. But no man has the right to set himself up as a purely moral judge and requiter, and punish the misdeeds of another with pains which he inflicts upon him, and so to impose penance upon him for his sins. Nay, this would rather be the most presumptuous arrogance; and therefore the Bible says, “Vengeance is mine; I will repay, saith the Lord.” But man has the right to care for the safety of society; and this can only be done by interdicting all actions which are denoted by the word “criminal,” in order to prevent them by means of counter-motives, which are the threatened punishments. And this threat can only be made effective by carrying it out when a case occurs in spite of it. Accordingly that the end of punishment, or more accurately of penal law, is the deterrence from crime, is a truth so generally recognised and indeed self-evident, that in England it is expressed in the very old form of indictment which is still served by the counsel for the Crown in criminal actions, for it concludes with the words, “If this be proved, you, the said N. N., ought to be punished with pains of law, to deter others from the like crimes in all time coming.” If a prince desires to extend mercy to a criminal who has justly been condemned, his Ministers will represent to him that, if he does, this crime will soon be repeated. An end for the future distinguishes punishment from revenge, and punishment only has this end when it is inflicted _in fulfilment of a law_. It thus announces itself as inevitable in every future case, and thus the law obtains the power to deter, in which its end really consists. Now here a Kantian would inevitably reply that certainly according to this view the punished criminal would be used “merely as a means.” This proposition, so unweariedly repeated by all the Kantians, “Man must always be treated as an end, never as a means,” certainly sounds significant, and is therefore a very suitable proposition for those who like to have a