4

action, and was consequently not based on the hypothesis that only the guilty should be punished;⁠—on the contrary, punishment was inflicted in those days for the same reason that parents punish their children even nowadays, out of anger at an injury that they have suffered, an anger which vents itself mechanically on the author of the injury⁠—but this anger is kept in bounds and modified through the idea that every injury has somewhere or other its equivalent price, and can really be paid off, even though it be by means of pain to the author. Whence is it that this ancient deep-rooted and now perhaps ineradicable idea has drawn its strength, this idea of an equivalency between injury and pain? I have already revealed its origin, in the contractual relationship between creditor and ower , that is as old as the existence of legal rights at all, and in its turn points back to the primary forms of purchase, sale, barter, and trade.