rived
partly from the preceding, but chiefly from religious mysticism--the
notion of expiation. After constructing in his own image a divinity
blinded by human passions, man attributed to him, from fear of
vengeance, sentiments of anger and indignation regarding his baseness
and malice toward his neighbor. He then conciliated the divinity and
appeased his wrath by making sacrifices, human or otherwise.

At first, sacrifices were not made of criminals or guilty persons, but
of innocent lambs, men or beasts, sometimes with all kinds of torture,
to appease the supposed wrath of the gods. Gradually, however, these
customs became more humane and were changed to the notions of
expiation which we still have. Whosoever has committed a crime should
expiate it by some kind of pain, eventually by death. In our modern
penal law, notions of expiation and retaliation are blended, and when
we study its roots in ethnology we are not surprised to see the
expiation and punishment of so-called crimes against God or religion.
We find in this fact a singular mixture of religious and judicial
notions. A curious way of appeasing the divinity is the sacrifice of
animals and other offerings which ancient and savage peoples made and
still make, in returning thanks for victory or some other good
fortune, or to appease supposed wrath.

=Themis.=--In spite of all these errors, ancient civilization
represented as the ideal of right a goddess of justice, _Themis_, with
eyes blindfolded and holding scales in her hands. The scales signified
that right and wrong should be carefully weighed against each other;
the bandage, that the judge should pronounce his verdict without
regard to persons, and be inaccessible to all outside influence. For
the limited ideas of that period, little removed from retaliation and
expiation, this blind woman with her scales was a sufficient
representation of justice. She had no need to trouble about the
psychology of human nature, mental disorders, diminished
responsibility or ideal social improvement.

=Themis Unblindfolded. Fallacy of Free-will.=--Nowadays the task of
our goddess is not so simple, for the progress of humanity and
science, especially of psychology and psychiatry, oblige her whether
she wishes or not, to completely remove her bandage, so as to see
clearly into the human brain.

It is not simply a question of knowing whether an accused person has
or has not committed the act which he is accused of, but a