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To return to our subject, namely punishment , we must make consequently a double distinction: first, the relatively permanent element , the custom, the act, the “drama,” a certain rigid sequence of methods of procedure; on the other hand, the fluid element, the meaning, the end, the expectation which is attached to the operation of such procedure. At this point we immediately assume, per analogiam (in accordance with the theory of the historic method, which we have elaborated above), that the procedure itself is something older and earlier than its utilisation in punishment, that this utilisation was introduced and interpreted into the procedure (which had existed for a long time, but whose employment had another meaning), in short, that the case is different from that hitherto supposed by our naive genealogists of morals and of law, who thought that the procedure was invented