harmonious cooperation, profits society and
increases the happiness of its members, through the appreciation of
that necessity.

But for the fixing of the boundary line between necessary and
unnecessary restraints upon personal conduct, some other matters still
are to be considered. I have said that man instinctively feels
resentment at interference with whatever he may think is his right to
do, or get, or keep. If this interference is from any of his fellow
men his resentment is greater than when it is from natural forces.
There arises the desire for vengeance, the desire to "get even,"--to
use a common phrase,--by inflicting a corresponding injury on the
offender. An eye for an eye, a tooth for a tooth, is instinctively
demanded now as of old. If unable to inflict a corresponding injury
there is the desire to inflict an equivalent injury. To paraphrase
Bacon, revenge is justice running wild.

This instinct should be heeded by society. If it be necessary for its
own preservation that society restrain this instinct, prohibit private
vengeance, then it must itself provide for satisfaction of the
instinct; the offender must be compelled to make full compensation or
else be made to suffer in turn some deprivation of rights claimed by
him that shall be commensurate with the offense. This should be done
speedily and gratuitously so far as possible. Delay and expense cause
resentment in the suitor for justice and so cause injustice. In doing
this, society not only protects itself but it restores an equilibrium
of rights disturbed by the offender. This restoration of equilibrium
is an essential element in the concept of justice. Of course, as
society progresses and human nature improves, this desire of the
injured for vengeance on the offender becomes weaker. The virtues
of mercy, forgiveness, or willingness to forego the demand for
punishment, come into play and society is allowed to attempt to reform
rather than to punish, or is allowed to pardon altogether. These
virtues, however, are not part of the concept of justice. If the
punishment seems inadequate, or the pardon seems undeserved, there
remains, or is again excited, the feeling of resentment. The
equilibrium is not restored.

Another sentiment or feeling is to be reckoned with in order to secure
this equilibrium in society. The young, untrained child is impatient
of all restraint. It is only by experience that he learns he must
submit to restraint if he would hav