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This list is certainly not complete; it is obvious that punishment is overloaded with utilities of all kinds. This makes it all the more permissible to eliminate one supposed utility, which passes, at any rate in the popular mind, for its most essential utility, and which is just what even now provides the strongest support for that faith in punishment which is nowadays for many reasons tottering. Punishment is supposed to have the value of exciting in the guilty the consciousness of guilt; in punishment is sought the proper instrumentum of that psychic reaction which becomes known as a “bad conscience,” “remorse.” But this theory is even, from the point of view of the present, a violation of reality and psychology: and how much more so is the case when we have to deal with the longest period of man’s history, his primitive history! Genuine remorse is certainly extremely rare among wrongdoers and the victims of punishment; prisons and houses of correction are not the