The Calcutta Law Journal Short Notes of Cases Articles and other Matters January to June 1920

according to the nature of the injury inflicted ; so the bot for the loss of the great toe was twenty shillings of the second fifteen shillings of the middle toe nine shillings of the fourth toe six shillings and of the little toe five shillings. [...] The State gradually came to assume the position and function of the injured individual and this fiction of law was fully maintained in the idea of the State as the sole prosecutor in criminal cases. [...] The offence came to be looked upon not merely as an invasion of the social order but as an infringement of the religious order of the community and the infliction of punishment became a sort of a religious ceremony. [...] Further the criterion of punishment according to both the schools appears to be the same namely the degree of responsbility and freedom of the delinquent and the gravity of the offence. [...] In iyoo as the eminent criminologist Garofalo points out in his Criminology " (e) the recidivists in the Italian penitentiaries constituted 550/° of the total number of inmates "proving that the number of recidivations which has long been the subject of serious concern still continues to grow larger from year to year." In France before 1885 the situation was the same.