A Popular Essay on Subjects of Penal Law by Francis Lieber (1838)

"Yet the state is nothing artificial, nothing made, that may or may not be adopted. It is necessary, and therefore natural, grown, and indispensable. It is a necessary manifestation of society. If we now call right, that which indicates man's relation to the state, or that which is the necessary consequence of his relations founded on the just, toward others, that which the state is bound to grant him, punishment is the right between society and the offender, or, however paradoxical it may appear at first glance, the right both of the society and the offender. But why is it so? Merely because it is necessary, and farther we cannot go? By no means. In order to prove that punishment be what we have asserted it to be, we have to show first that it be just, secondly that it be necessary. All idea of the just is essentially founded upon equality; without it, as its first foundation, justice cannot be imagined. Every individual in the state must grant to others the right he claims for himself: if he interferes with the rightful state of others, he grants them the abstract right to interfere with his."

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