is above all a breaker, a breaker of word and covenant to the whole , as regards all the advantages and amenities of the communal life in which up to that time he had participated. The criminal is an “ower” who not only fails to repay the advances and advantages that have been given to him, but even sets out to attack his creditor: consequently he is in the future not only, as is fair, deprived of all these advantages and amenities⁠—he is in addition reminded of the importance of those advantages. The wrath of the injured creditor, of the community, puts him back in the wild and outlawed status from which he was previously protected: the community repudiates him⁠—and now every kind of enmity can vent itself on him. Punishment is in this stage of civilisation simply the copy, the mimic, of the normal treatment of the hated, disdained, and conquered enemy, who is not only deprived of every right and protection but of every mercy; so we have the martial law and triumphant festival of the vae victis