This struggle of contending forces is a prolific and unavoidable source of crime.  When organized society goes too far, the individual units rebel and clash with law; when the units swing too far away from the social organization and defy the power of the state, almost automatically some sort of a new organization becomes the state.  Whether this new one discards all old forms and laws and acts without the written law, is of no concern.  It at least acts and sets limits to the individual life.  If it were possible for all legislative bodies to meet and repeal all laws, the state would still remain; the people would live and automatically form themselves into a certain order and protect that order either by written law or vigilance committees.  At least the people would act together.

The majority generally has some religious creed, and to it this is all important.  This creed is made up of observances, such as holy days, the support of the prevailing religion, the condemnation of witchcraft and magic, and the like.  These and other doctrines often have been enforced upon those who have no faith in the regulations.  The enforcement of such laws in the past has been by the most drastic penalties and has brought extreme suffering upon the world.  No religious organization has ever seemed willing to confine its activities to propaganda, teaching and moral suasion; those methods are too slow, and the evils and consequences of disbelief are too great.  Laws of this drastic character are still part of the penal codes of various states and nations, and well-organized bodies are always strenuously seeking to extend the application of such laws and re-enact at least a portion of the religious code that has been outgrown.

Individuals have likewise found, or at least believed, that certain personal habits were best for them, for instance, abstaining from alcohol and tobacco in all forms.  Not content with propaganda, they have sought to force their views upon others, many of whom deeply resent their interference.

It is not enough that certain things shall be best for the health and physical welfare of a community.  This does not justify the wise law-giver in making them a part of the penal code.  If so, the code would be very long.  No doubt coffee and tea, and perhaps meat, are injurious to health.  Most likely the strength of the community would be conserved if regular sleeping hours were kept and if great modifications or changes were made in dress.  But this does not justify criminal statutes.  The code must take notice of something more than the general welfare.  Unless the end sought to be attained is very direct and plain and the evil great so that a large majority believes in the law, it should be left to education and to other voluntary social forces.