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In order to understand the concept of crime, It is necessary to refer to foundations of legal systems. Anthropology is one of the areas of studies that has a bond with criminal law. David Hume as one of the most influential philosophers of the Enlightenment, Has introduced a new approach to humans. This new perception of the humans and the quality of acquiring knowledge had important effect on other knowledges especially ethics. Hume denies the role of reason in ethics definition and regards the rules related to justice and legal order as the result of historical processes and experiences.Following Hume's Thoughts by His followers, had Sustainable effects on the concept of crime. by denouncing metaphysical and rational definitions of ethics by Hume crime definition turned towards utilitarianism. Utilitarianism in Bentham appeared with a quantitative approach and with the definition of crime based on pleasure and eagerness. This approach was modified by Mill's "harm principle" as a criterion of criminalization.This article pursues the conceptual evolution of crime by Bentham and Mill under the ethical views of Hume. Crime in this approach is not discovered rather it is created. Traditions and experiences guide humams in this direction.

Measure plays a major role in epicureanism, a thought built up on the basis of a « canon ». The basic affections of pleasure and pain submit to such a process, though with due respect to that which is proper to the body on the one hand and to the soul on the other, as conceptualized by epicureanism. Moreover, such measure is essentially a measure of pain, since the highest pleasure is absence of pain, and cinetic pleasure is the process through which pain is suppressed. As far as the bodily affections are concerned, their measure is the physical measure of the atomic movement producive of pain ; as to the psychic ones, they submit to a logical apprehension dealing with the truth value of one or more propositions, and as such analogous, though not identical, to what the Stoics developped as a « conjunctive model » according to J. Brunschwig’s analysis. The combination of both approaches objectively grants, through appropriate measure, the superiority of psychic affections over bodily ones, and thus the sage’s happiness even if racked by the worst physical pains.