formula which saves them all further thought; but looked at in the light, it is an exceedingly vague, indefinite assertion, which reaches its aim quite indirectly, requires to be explained, defined, and modified in every case of its application, and, if taken generally, is insufficient, meagre, and moreover problematical. The murderer who has been condemned to the punishment of death according to law must now, at any rate, and with complete right, be used as a mere means. For public security, the chief end of the state, is disturbed by him; indeed it is abolished if the law is not carried out. The murderer, his life, his person, must now be the means of fulfilling the law, and thereby of re-establishing the public security. And he is made such a means with perfect right, in fulfilment of the contract of the state, which was entered into by him because he was a citizen, and in accordance with which, in order to enjoy security for his life, freedom, and property, he has pledged his life, his freedom, and his property for the security of all, which pledge has now been forfeited. This theory of punishment which we have established, the theory which is directly supported by sound reason, is certainly in the main no new thought; but it is a thought which was almost supplanted by new errors, and therefore it was necessary to exhibit it as distinctly as possible. The same thing is in its essence contained in what Puffendorf says on the subject, “_De Officio Hominis et Civis_” (Bk. ii. chap. 12). Hobbes also agrees with it, “Leviathan” (chaps. 15-28). In our own day Feurbach is well known to have maintained it. Indeed, it occurs even in the utterances of the ancient philosophers. Plato expresses it clearly in the “Protagoras” (p. 114, edit. Bip.), also in the “Gorgias” (p. 168), and lastly in the eleventh book of the “Laws” (p. 165). Seneca expresses Plato’s opinion and the theory of all punishment in the short sentence, “_Nemo prudens punit, quia peccatum est; sed ne peccetur_” (De Ira, i. 16).