The realisation of these contractual relations excites, of course (as would be already expected from our previous observations), a great deal of suspicion and opposition towards the primitive society which made or sanctioned them. In this society promises will be made; in this society the object is to provide the promiser with a memory; in this society, so may we suspect, there will be full scope for hardness, cruelty, and pain: the "ower," in order to induce credit in his promise of repayment, in order to give a guarantee of the earnestness and sanctity of his promise, in order to drill into his own conscience the duty, the solemn duty, of repayment, will, by virtue of a contract with his creditor to meet the contingency of his not paying, pledge something that he still possesses, something that he still has in his power, for instance, his life or his wife, or his freedom or his body (or under certain religious conditions even his salvation, his soul's welfare, even his peace in the grave; so in Egypt, where the corpse of the ower found even in the grave no rest from the creditor — of course, from the Egyptian standpoint, this peace was a matter of particular importance). \ But especially has the creditor the power of inflicting on
the body of the ower all kinds of pain and torture — the power, for instance, of cutting off from it an amount that appeared proportionate to the greatness of the debt;— this point of view resulted in the universal prevalence at an early date of precise schemes of valuation, frequently horrible in the minuteness and meticulosity of their application, legally sanctioned schemes of valuation for individual limbs and parts of the body. I consider it as already a progress, as a proof of a freer, less petty, and. more Roman conception of law, when the Roman Code of the Twelve Tables decreed that it was immaterial how much or how little the creditors in such a contingency cut off, "si plus minusve secuerunt, ne fraude esto." Let us make the logic of the whole of this equalisation process clear; it is strange enough. The equivalence consists in this: instead of an advantage directly compensatory of his injury (that is, instead of an equalisation in money, lands, or some kind of chattel), the creditor is granted by way of repayment and compensation a certain sensation of satisfaction— -the satisfaction of being able to vent, without any trouble, his power on one who is powerless, the delight "de faire le mal pour le plaisir de la faire," the jov in sheer violence: and this joy will be relished in proportion to the lowness and humbleness of the creditor in the social scale, and is quite apt to have the effect of the most delicious dainty, and even seem the foretaste of a higher social position. Thanks to the punishment of the "ower," the creditor participates in the rights of the masters. At last he too, for once in a way, attains the edifying consciousness of being able to despise and ill-treat a creature — as an "inferior"— or at any rate of seeinghim being despised and ill-treated, in case the actual power of punishment, the administration of punishment, has already become transferred to the "authorities." The compensation consequently consists in a claim on cruelty and a right to draw thereon.