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CONTENTS.
CHAPTER XII. page 147 The State, here, simply takes the place of the parties.—First principle of every Judicial proceeding hence arising.—The State must protect the Right on both sides.—Hence flows the second principle of every Judicial proceeding.—Evils arising from the neglect of these principles.—Necessity for another class of laws to render Juridical decisions possible.—The degree in which this necessity exists is a standard by which we may determine the excellence of the Juridical Constitution.—Advantages and Disadvantages of such laws.—Rules of Legislation suggested by these general principles. CHAPTER XIII. 153 Actions which the State must punish.—Punishments.—Their Measure, absolutely: the greatest moderation compatible with due efficiency—Hurtfulness of punishing by degradation and disgrace.—Injustice of Punishments which extend beyond the—Criminal to others.—The Measure of Punisnment, relatively: degree of disregard for others' Rights.— Refutation of the —principle which apportions this scale according to the frequency of the crime, and the number of incentives to its commission.—Its injustice.—Its hurtfulness—General gradation of Crimes with regard to the severity of their Punishment.—Application of the Criminal Laws to actual crimes.—Manner of proceeding adopted towards the Criminal during the course of the inquiry.—Examination of the question as to how far the State is to prevent crimes.—Difference between the answer to this question and the limitations derived in a former chapter, in the case of actions which refer only to the agent.—Review of the different possible plans for preventing Crime according to its general causes.—The first of these, or that which attempts to remedy the indigence which commonly leads to crime, is hurtful and
