Ignatius Nikiforovitch expressed his disapproval of the condition of things which excluded the killing in a duel from the category of crimes.

His remark called forth Nekhludoff’s reply, and a hot discussion followed on the same subject, neither expressing fully his opinion, and in the end they were again at loggerheads.

Ignatius Nikiforovitch felt that Nekhludoff condemned him, hating all his activity, and he wished to prove the injustice of his reasoning.  Nekhludoff, on the other hand, to say nothing of the vexation caused him by his brother-in-law’s interference in his affairs (in the depth of his soul he felt that his brother-in-law, his sister and their children, as heirs, had the right to do so), was indignant at the calm and confident manner of that narrow-minded man who continued to consider legal and just that which to Nekhludoff was undoubtedly foolish.  This self-confidence irritated him.

“What should the court do?” asked Nekhludoff.

“Sentence one of the duelists, as it would a common murderer, to hard labor.”

Nekhludoff’s hands again turned cold, and he continued with warmth: 

“Well, what would be then?”

“Justice would be done.”

“As if the aim of courts was to do justice!” said Nekhludoff.

“What else?”

“Their aim is to support class interests.  Courts, according to my idea, are only instruments for the perpetuation of conditions profitable to our class.”

“That is an entirely new view,” said Ignatius Nikiforovitch, smiling calmly.  “Usually somewhat different aims are ascribed to courts.”

“In theory, but not in practice, as I have learned.  The only aim of the courts is to preserve the existing state of things, and for this reason they persecute and kill all those who are above the common level and who wish to raise it as well as those who are below it.”

“I cannot agree with the view that criminals are executed because they are above the level of the average.  For the most part they are the excrescence of society, just as perverted, though in a different manner, as are those criminal types whom you consider below the level of the average.”

“And I know people who are far above their judges.”

But Ignatius Nikiforovitch, not accustomed to being interrupted when speaking, did not listen to Nekhludoff, which was particularly irritating to the latter, and continued to talk while Nekhludoff was talking.

“I cannot agree with you that the aim of courts is to support the existing order of things.  The courts have their aims:  either the correction——­”

“Prisons are great places for correction,” Nekhludoff put in.

“Or the removal,” persistently continued Ignatius Nikiforovitch, “of those depraved and savage people who threaten the existence of society.”

“That is just where the trouble is.  Courts can do neither the one nor the other.  Society has no means of doing it.”