LAW, LIBERTY AND JUSTICE 257

defects; from this spring reforms which benefit everyone. All
^punishment is an emergency measure; if a man steals, the
ultimate problem is to find out the cause, whether it lies in social
conditions, or the thief's own nature, and try to remove it.
Unfortunately this process takes time, and in the interval society
^ust be protected. Herein lies the justification of punishment,
:r.,id its danger; for if it is used without thought, society, feeling
~ itself protected, may neglect the duty of reform. When this occurs,
as in the 18th century, both the cruelty of punishments and
the savagery of criminals increase, each nourishing the other.
England has escaped from this vicious circle, partly through the
efforts of prison reformets such as -Elizabeth Fry and John
Howard, partly through the development of an adequate police;
for when a greater proportion of criminals are caught, there is
no longer the desire to make a terrible example of them.

LAW AND LIBERTY.

Criminals, it has been argued, must be punished, in order to
protect society. This protection is usually thought of as the
defence of property against theft, but if the law did no more than
this, it would be a device for keeping the rich on top and the poor
underneath. It should be, however, the means by which everyone
may be protected from interference with their personal liberties.
The phrase "the liberties of an Englishman" has long held place
in history even at times when the eye of faith is required to
discern them. The use of the concrete plural "liberties" is typical
of English practice; there has been no general proclamation of
liberty as such, but each of a series of important rights has been
vindicated by a particular struggle in history, and its maintenance
to-day depends on the working of the law.

The diligent filling up of gaps iri the law, in deference to the
principle that the King must not suffer injustice to be done, has
established the rule that there is no wrong without a remedy. So
if private persons do not fulfil legal obligations to one another, or ir
}ie attempts to restrain another from going about his lawfi