 Hegel makes clear that a crime’s “danger to civil society is a determination of its magnitude” where circumstances impact in how we determine whether to punish, how much to punish and what form this might take. He notes “a penal code is therefore primarily a product of its time and of the current condition of civil society” (PR §218 Remark). He adds that “punishments are not unjust in and for themselves, but are proportionate to the conditions of their time” (PR §218 Addition). So the same crime committed in different circumstances would be punished differently. For example, a crime committed during civil war poses a greater threat to civil society than when at peace – and so the former would see the crimes punished more harshly. There is no difference in the offender or her responsibility. While desert matters, it is not the only factor which does.