the repeal of many if not all of these statutes, and place some other
consideration above property, which seems to be the controlling emotion
of today.

Crime, strictly speaking, is only such conduct or acts as are forbidden
by the law and for which penalties are prescribed. The classification of
the act does not necessarily have relation to moral conduct. This cannot
be fixed by any exact standard. There is no straight clear line between
the good and bad, the right and wrong. The general ways of determining
good and bad conduct are of little value. The line between the two is
always uncertain and shifting. And, in the last analysis, good or bad
conduct rests upon the "folk-ways," the habits, beliefs and customs of a
community. While this is the real basis of judging conduct, it is
always changing, and from the nature of things, if it could be made
stable, it would mean that society was stratified and all hope of
improvement dead.




II

PURPOSE OF PUNISHMENT


Neither the purpose nor the effect of punishment has ever been
definitely agreed upon, even by its most strenuous advocates. So long as
punishment persists it will be a subject of discussion and dispute. No
doubt the idea of punishment originated in the feeling of resentment and
hatred and vengeance that, to some extent at least, is incident to life.