"A natura hominis discenda est natura juris," remarked Cicero. True; but is it the province, or duty, of educated jurisprudence to apply natural law to a being who does not possess the nature of mant If "repression has but an infinitesimal influence upon criminality," of a non-sexual character, as asserted by Ferri ("Crim. Soc.," p. 139), what effect will it have on a class of persons who neither care for, nor understand, the mechanism of its operation? Or if they do understand it, imagine it to be founded on false principles? There is a profound distinction between prevention and its penal substitutes; between prevention by law and prevention by knowledge. One seeks to destroy the germ, after it is hatched, the other to prevent the hatching. I think it was Garofalo who, with Lombroso and his distinguished following of medico-legalists, constituted the positive school of criminal anthropology, deeply shocked at the promiscuous manner of dealing with social crime, said, in substance, that civil and criminal judges ought to be wholly distinct; and that the latter should give more study to anthropology, statistics, psychology and sociology, than to Roman law and Kent's Commentaries.