ABSTRACT
Not only is it in the common interest that crimes are not committed, but when they are, the evil brought on society should be the least possible. Thus, the obstacles that deter men from committing crimes must correspond both to the amount of harm done to society, and the degree of temptation faced by the offender. Therefore, there must be a fixed proportion between crime and punishment. It is impossible to prevent all disorder that results from the universal tussle of human passions. Disorder increases in correspondence to population increase and the complex give and take of private interests. Any action that does not fall between the two extremes is not a crime nor can it be punished as such, except by those who have a personal interest in making it so. The doubt about these limits has produced in nations a moral climate that opposes legislation implementing them, and much legislation that excludes the reciprocity between crime and punishment.
