"GUILT” AND “BAD CONSCIENCE”.10

As it grows more powerful, the community tends to take the offences of the individual less seriously, because they are now regarded as being much less revolutionary and dangerous to the corporate existence: the evil-doer is no more outlawed and put outside the pale, the common wrath can no longer vent itself upon him with its old licence,—on the contrary, from this very time it is against this wrath, and particularly against the wrath of those directly injured, that the evil-doer is carefully shielded and protected by the community. As, in fact, the penal law develops, the following characteristics become more and more clearly marked: compromise with the wrath of those directly affected by the misdeed; a consequent endeavour to localise the matter and to prevent a further, or indeed a general spread of the disturbance; attempts to find equivalents and to settle the whole matter (compositio); above all, the will, which manifests itself with increasing definiteness, to treat every offence as in a certain degree capable of being paid off, and consequently, at any rate up to a certain point, to isolate the offender from his act. As the power and the self-consciousness of a community increases, so proportionately does the penal law become mitigated; conversely every weakening and jeopardising of the community revives the harshest forms of that law. The creditor has always grown more humane proportionately as he has grown more rich; finally the amount of injury he can endure without really suffering becomes the criterion of his wealth. It is possible to conceive of a society blessed with so great a consciousness of its own power as to indulge in the most aristocratic luxury of letting its wrong-doers go scot-free.—"What do my parasites matter to me?" might society say. "Let them live and flourish! I am strong enough for it."—The justice which began with the maxim, "Everything can be paid off, everything must be paid off," ends with connivance at the escape of those who cannot pay to escape—it ends, like every good thing on earth, by destroying itself.—The self-destruction of Justice! we know the pretty name it calls itself—Grace! it remains, as is obvious, the privilege of the strongest, better still, their super-law.