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.
ABSOLUTE RIGHTS, impossibility of, | Bradley, F. N., Ethical Studies,
Ahrens, Naturrecht, quoted, 208. Amiel, Journal, quoted, 55. Amos, Science of Law, quoted, 365. Anarchism, as an ideal, 311 et seq. A priori beliefs, Spencer's concep- tion of nature of, 274. Aquinas, his classification of laws, 16.
Aristocracy, justification of, 43-46. Aristotle, doctrine of, as to equality, 36; criticism of Plato's com- munism, 60; his distinction be- tween corrective and distributive justice criticised, 316.
Bryce, J., art. "Equality," cited, 35; quoted, 58.
Burgess, Professor, Political Science and Comparative Constitutional Law, quoted, 267. Burke, Edmund, quoted, 33.
CABET, communistic theories of, 61. Caird, Hegel, quoted, 254; cited, 261 n. The Critical Philosophy of Kant, quoted, 260 n. Capital punishment, 374 et seq. Carlyle, cited, 8.
Charity and Justice, compared, 49- 51.
BABŒUF, communistic theories of, Christianity, doctrines of, as to 61.
Beccaria, his theory of punishment, Civil Equality, 51-54.
329. Bentham, J., his theory of property,
86, 92-94; Defence of Usury, cit- ed, 120; definition of liberty, 237. Bismarck, views of, as to right of subsistence, 206.
Communism, 59 et seq. Comte, cited, 8, 9.
Coercion, legitimate sphere of, 263 et seq.
Considérant, Théorie du droit de propriété, cited, 205.
Blackstone, Commentaries on Law, Corrective Justice, Aristotle's defi- quoted, 372.
nition of, criticised, 316.
Blanc, Louis, theory of right to Crime, social importance of, 320; labor, 205.
Böhm-Bawerk, Capital and Interest, quoted, 120, 124, 133, 154; cited, 115 n., 125 n. Bonar, Philosophy and Political Economy, quoted, 157, 204. Bosanquet, The Philosophical Theory of the State, quoted, 250; cited, 258 n., 371 n.
Criminology, new school of, 335 et
DEWEY, Professor John, cited, 287; quoted, 290. Distributive Justice, canons of, 107 et seq.; labor theory, 107; effort theory, 194; needs theory, 198;
Aristotle's distinction between, and corrective justice, 316; see Justice.
ECONOMIC EQUALITY, 59 et seq. Effort theory of distributive justice,
Ellis, H., The Criminal, quoted, 337, 338.
Ely, R. T., French and German
Socialism, quoted, 61, 62, 131. Equality, as an element in distrib-
utive justice, 29 et seq.; different kinds of, 35; spiritual, 35; natural, 40; civil, 51; political, 54; social, 58; economic, 59. Exploitation Theory, 121 et seq.
FAMILY, Value of, as a social element, 32-35.
Fichte, Science of Rights, quoted as to theory of punishment, 341, 342, and n.
Fouillée, Science sociale contempo- raine, quoted, 343 n.
Political Obligation, quoted, 224, 380; cited, 371 n. Grotius, theory of, as to property, 79.
HEGEL, Philosophy of Right, quot- ed, 215; his theory of punish- ment, 354 et seq.
Hobbes, Thomas, Leviathan, quoted, 41, 84.
Holland, Elements of Jurisprudence, quoted, 99.
Holmes, O. W., Jr., The Common Law, cited, 102; quoted, 366, 368 n.
Hume, Of the Social Contract, quoted, 312.
Huxley, Thomas, Natural and Po- litical Rights, quoted, 142, 182; Evolution and Ethics, quoted, 276, 283, 284; criticism of, 285 et seq.
Hyslop, Professor, Elements of Ethics, quoted, 218.
Fourier, theory of, as to right to IDEALS, importance of, in social and
theory of right, 259; theory of | Mill, J. S., Utilitarianism, quoted, punishment, 326 et seq. Kidd, Benjamin, Social Evolution, cited, 216, 280; doctrines of, ex- amined and criticised, 293 et seq.
LABOR, right to, 203.
Labor theory of distributive justice, 131-155.
Land, right of property in, Chapter
VI; Locke's view, 110. Law, does not seek distributive justice, 103-106; its relation to morality, 363 et seq.
Lecky, W. E. H., History of Euro- pean Morals, quoted, 347. Legal theory of property, 83-106. Liberty, defined, 218.
Life, right to, 375 et seq.
29; doctrine of equality criticised, 70–74; Difficulties of Socialism, quoted, 74; Political Economy, quoted, 76, 144; theory of prop- erty in land, 158-162, 193; Essay on Liberty, quoted and criticised, 238 et seq.
Montesquieu, theory of property of, 83.
Morality, its relation to law, 363 et seq.
Motive, legal, defined, 365.
NATURAL EQUALITY, 40-51. Natural Law, according to Sophists, 14; Socrates, 15; in Middle Ages, 16; Aquinas, 16; Locke, 17; Kant, 18-20; defined, 223.
Lilly, W. S., Right and Wrong, Needs, theory of, as to distributive
Locke, John, conception of natural law, 17; theory of property, 107– 114; theory of usury, 120.
MACKENZIE, Professor, Introduc- tion to Social Philosophy, quoted, 21 n., 33, 194.
Maine, Sir Henry, cited, 36. de Maistre, cited, 8, 9. Malice, legal, defined, 367. Mallock, Aristocracy and Evolution, cited, 294 n.
Malthus, Robert, Essay on the Principle of Population, quoted, 105.
Marx, Karl, Das Kapital, cited, 131. McTaggert, art. "Hegel's Theory of Punishment," cited, 314 n., 357 n. Mellone, S. H., art. "Some of the Leading Ideas of Comte's Positiv- ism," quoted, 249 n. Menger, The Right to the Whole Produce of Labor, quoted, 4, 104, 116, 125 n., 203, 205. Middle Ages, characteristics of thought of, 8, 16.
Nemours, Dupont de, Origine et progrès d'une science nouvelle, quoted, 157.
OCCUPATION THEORY, as to right of
property, 79-83; to what extent recognized by the law, 100-103. Opportunity, for development, a right, 47 et seq.
PAINE, Thomas, Common Sense, quoted, 313. Physiocrats, doctrines of, as to property, 114. Plato, communism of, 60; his con- ception of equality, 36. Political Equality, 54-58. Pollock, Sir Frederick, First Book of Jurisprudence, quoted, 101, 364. Proal, Le crime et la peine, cited, 340 n. Property, right of, occupation theory, 79; legal theory, 83; labor theory, 107 et seq.; in land, Chapter VI; effort theory, 194; needs theory, 198.
Proudhon, communism of, 61-65; | Sophists, ethical philosophy of, 14.
theories of, as to property, 125- 130; What is Property? quoted, as to natural equality, 43. Punishment, theories of, retributive, 322 et seq.; utilitarian, 358 et seq.
RASHDALL, quoted as to right of punishment, 330, 333, 344 n., 345, 357 n.; art. "Justice," cited, 69 n. Retributive theory of punishment, 322.
Revenge, 346 et seq.
Ricardo, David, influence of doc- trines of, upon development of socialism, 118, 124.
Rights, no absolute, 21-25. Ritchie, David, Natural Rights, quoted, 68, 376; Darwin and Hegel, quoted, 140.
Spence, Thomas, The Meridian Sun of Liberty, cited, 158. Spencer, Herbert, theory of, as to property in land, 168 et seq.; criticism of, 178 et seq.; Data of Ethics, quoted, 247 n.; doctrines of, as to competition among men examined and criticised, 269 et seq.; Social Statics, quoted, 312. Spiritual Equality, 35-40. Stephen, Leslie, Social Rights and
Duties, quoted, 33, 291.
State, the, its right to be, 229 et seq. Stephen, Sir James Fitzjames, Lib-
erty, Equality, Fraternity, cited, 56, 236, 240; quoted, 57; his theory of punishment criticised, 350 et seq.; his doctrine of co- ercion, 264.
Rodbertus, socialistic theories of, Stoics, doctrine of, as to equality,
Rousseau, theory of, as to property, 81, 88, 92; distinction of, between
the volonté générale and the vol- onté de tous, 257.
Subsistence, right to, 203. Suffrage, right to, 55.
TAXATION, ethical basis of a just system of, 186 and n.
SALMOND, J. W., art. "The Law of Thompson, William, An Inquiry
Nature," quoted, 18. Salter, W. M., quoted, 227. Schurman, J. G., Ethical Import of Darwinism, cited, 17; Review of Spencer's Justice, quoted, 281. Seligman, E. R. A., cited, 186 n. Service, obligation of, 201. Simon, Jules, cited, 313. Smart, Professor, introduction to Böhm-Bawerk's Capital and In- terest, quoted, 133, 134. Smith, Adam, Wealth of Nations, quoted, 92; views of, as to labor theory, 114.
Social Equality, 58-59.
Socialism, practical difficulties of, 144-155.
into the Principles of Wealth, cited, 117, 125.
USURY, history of doctrines of, 119-121.
Utilitarianism, part played by idea of equality in, 67–74; its justifica- tion of the state criticised, 237 et seq.
Vidal, Principes fondamentaux de la pénalité, cited, 343 n., 361; quoted, 362, 377.
Vindictive theory of punishment, see Retributive theory.
Socrates, ethical philosophy of, WALLACE, A. R., theory of, as to
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