tial truth in the declaration of Ferri that "the least measure of progress with reforms which prevent crime, is a hundred times more useful and profitable than the publication of an entire penal code." 1 A deterrent penalty only becomes operative in those cases where it has failed of effect. A reformatory discipline is only applicable where the subject of it has already been corrupted. An educative law presupposes an ignorant or biassed mind. In very large measure the necessity for the enforcement of penal laws is a demonstration that proper preventive measures have not been taken. Fundamentally, then, any penal system is unjust in so far as the necessity for it might have been avoided by proper social conduct. Thus, as Green has said, "The justice of the punishment depends on the justice of the general system of rights; not merely on the propriety with reference to social well-being of maintaining this or that particular right which the crime punished violates, but on the question whether the social organism in which a criminal has lived and acted is one that has given him a fair chance of not being a criminal." 2 1 Criminal Sociology, p. 135. 2 Principles of Political Obligation, § 189. INDEX ABSOLUTE RIGHTS, impossibility of, | Bradley, F. N., Ethical Studies, BABŒUF, communistic theories of, Christianity, doctrines of, as to spiritual equality, 39. Beccaria, his theory of punishment, Civil Equality, 51-54. 329. Communism, 59 et seq. Coercion, legitimate sphere of, 263 Considérant, Théorie du droit de Blackstone, Commentaries on Law, Corrective Justice, Aristotle's defi- nition of, criticised, 316. Blanc, Louis, theory of right to Crime, social importance of, 320; Böhm-Bawerk, Capital and Interest, see Punishment. Criminology, new school of, 335 et DEWEY, Professor John, cited, 287; Aristotle's distinction between, ECONOMIC EQUALITY, 59 et seq. 194. Ellis, H., The Criminal, quoted, Ely, R. T., French and German Socialism, quoted, 61, 62, 131. utive justice, 29 et seq.; different FAMILY, value of, as a social element, Fichte, Science of Rights, quoted as Fouillée, Science sociale contempo- Political Obligation, quoted, 224, HEGEL, Philosophy of Right, quot- Hobbes, Thomas, Leviathan, quoted, Holland, Elements of Jurisprudence, Holmes, O. W., Jr., The Common Hume, Of the Social Contract, Huxley, Thomas, Natural and Po- litical Rights, quoted, 142, 182; Hyslop, Professor, Elements of Fourier, theory of, as to right to IDEALS, importance of, in social and theory of right, 259; theory of | Mill, J. S., Utilitarianism, quoted, LABOR, right to, 203. Labor theory of distributive justice, Land, right of property in, Chapter VI; Locke's view, 110. Law, does not seek distributive justice, 103-106; its relation to Lecky, W. E. H., History of Euro- pean Morals, quoted, 347. Legal theory of property, 83-106. Life, right to, 375 et seq. 29; doctrine of equality criticised, Montesquieu, theory of property of, Morality, its relation to law, 363 et Motive, legal, defined, 365. NATURAL EQUALITY, 40–51. Lilly, W. S., Right and Wrong, Needs, theory of, as to distributive quoted, 225. Locke, John, conception of natural MACKENZIE, Professor, Introduc- Maine, Sir Henry, cited, 36. Mallock, Aristocracy and Evolution, Malthus, Robert, Essay on the Marx, Karl, Das Kapital, cited, 131. of justice, 198. Nemours, Dupont de, Origine et OCCUPATION THEORY, as to right of property, 79-83; to what extent PAINE, Thomas, Common Sense, Plato, communism of, 60; his con- 340 n. Property, right of, occupation Proudhon, communism of, 61-65; | Sophists, ethical philosophy of, 14. theories of, as to property, 125- RASHDALL, quoted as to right of Revenge, 346 et seq. Ricardo, David, influence of doc- Rights, no absolute, 21-25. Spence, Thomas, The Meridian Sun Duties, quoted, 33, 291. State, the, its right to be, 229 et seq. erty, Equality, Fraternity, cited, Rodbertus, socialistic theories of, Stoics, doctrine of, as to equality, 122, 130, 153. Rousseau, theory of, as to property, 37-39. Subsistence, right to, 203. TAXATION, ethical basis of a just SALMOND, J. W., art. "The Law of Thompson, William, An Inquiry Nature," quoted, 18. Social Equality, 58–59. Socialism, practical difficulties of, into the Principles of Wealth, USURY, history of doctrines of, Utilitarianism, part played by idea VELLEITY, 218. Vidal, Principes fondamentaux de Vindictive theory of punishment, Socrates, ethical philosophy of, WALLACE, A. R., theory of, as to 15. property in land, 167: |