See also:

• PUNISHMENT (from Lat. punire, to punish, from poena, punishment, Gr. 7rocvil)

PUNISHMENT (from See also:

• LAT

Lat. punire, to punish, from poena, punishment, Gr. 7rocvil)  , the infliction of some See also:

• KIND (O. E. ge-cynde, from the same root as is seen in " kin," supra)

kind of See also:

• PAIN (from Lat. poena, Gr. robin, penalty, that which must be paid: O. Fr. peine)
• PAIN, BARRY (1867– )

pain' or loss upon a See also:

• PERSON, OFFENCES AGAINST THE

person for a misdeed, i.e. the transgression of a See also:

• LAW
• LAW (0. Eng. lagu, M. Eng. lawe; from an old Teutonic root lag, " lie," what lies fixed or evenly; cf. Lat. lex, Fr. loi)
• LAW, JOHN (1671—1729)
• LAW, WILLIAM (1686-1761)

law or command . See also:

• PUNISHMENT (from Lat. punire, to punish, from poena, punishment, Gr. 7rocvil)

Punishment may take forms varying from See also:

• CAPITAL (i.e. capital stock or fund)
• CAPITAL (Lat. caput, head)

capital punishment, flogging and See also:

• MUTILATION (from Lat. mutilus, maimed)

mutilation of the See also:

• BODY

body to imprisonment, fines, and even deferred sentences which come into operation only if an offence is repeated within a specified See also:

• TIME (0. Eng. Lima, cf. Icel. timi, Swed. timme, hour, Dan. time; from the root also seen in " tide," properly the time of between the flow and ebb of the sea, cf. O. Eng. getidan, to happen, " even-tide," &c.; it is not directly related to Lat. tempus)
• TIME, MEASUREMENT OF
• TIME, STANDARD

time . The progress of See also:

• CIVILIZATION

civilization has resulted in a vast See also:

• CHANGE (derived through the Fr. from the Late Lat. cambium, cambiare, to barter; the ultimate derivation is probably from the root which appears in the Gr. «a urmu', to bend)

change alike in the theory and in the method of punishment . In See also:

• PRIMITIVE

primitive society punishment was See also:

• LEFT

left to the individuals wronged or their families, and was vindictive or retributive: in quantity and quality' it would See also:

• BEAR
• BEAR, BLACK
• BEAR, BROWN
• BEAR, GRIZZLY
• BEAR, ISABELLINE
• BEAR, WHITE

bear no See also:

• SPECIAL

special relation to the See also:

• CHARACTER (Gr. xapareri7p, from xap&crew, to scratch)

character or gravity of the offence . Gradually there would arise the See also:

• IDEA (Gr. Ibia, connected with i&eiv, to see; cf. Lat. species from specere, to look at)

idea of proportionate punishment, of which the characteristic type is the lex talionis,' " an See also:

• EYE
• EYE (O. Eng. edge, Ger. Auge; derived from an Indo-European root also seen in Lat. oc-ulus, the organ of vision (q.v.)

eye for an eye." The second See also:

• STAGE (Fr. 6/age; from Lat. stare, to stand)

stage was punishment by individuals under the See also:

• CONTROL (Fr. contrdle, older form contre rolle, from Med. Lat. contra-rotulus, a counter roll or copy of a document used to check the original; there is no instance in English of the use of " control " in this, its literal, meaning)

control of the See also:

• STATE
• STATE, GREAT OFFICERS OF

state, or community; in the third stage, with the growth of law, the state took over the primitive See also:

• FUNCTION

function and provided itself with the machinery of " See also:

• JUSTICE (Lat. justitia)

justice " for the See also:

• MAINTENANCE (Fr. maintenance, from maintenir, to maintain, support, Lat. manu tenere, to hold in the hand)

maintenance of public See also:

• ORDER
• ORDER (through Fr. ordre, for earlier ordene, from Lat. ordo, ordinis, rank, service, arrangement; the ultimate source is generally taken to be the root seen in Lat. oriri, rise, arise, begin; cf. " origin ")
• ORDER, HOLY

order . Henceforward crimes are against the state, and the exaction of punishment by the wronged individual is illegal (cf . See also:

• LYNCH, PATRICIO (1825–1886)

LYNCH LAW) . Even at this stage the vindictive or retributive character of punishment remains, but gradually, and specially after the humanist See also:

• MOVEMENT

movement under thinkers like See also:

• BECCARIA, GIOVANNI BATTISTA (1716-1781)

Beccaria and See also:

• JEREMY, EPISTLE OF

Jeremy See also:

• BENTHAM, GEORGE (1800-1884)
• BENTHAM, JEREMY (1748-1832)

Bentham, new theories begin to emerge . Two See also:

• CHIEF (from Fr. chef, head, Lat. caput)

chief trains of thought have combined in the condemnation of primitive theory and practice . On the one See also:

• HAND
• HAND (a word common to Teutonic languages; cf. Ger. Hand, Goth. handus)
• HAND, FERDINAND GOTTHELF (1786-185r)

hand the retributive principle itself has been very largely superseded by the protective and the reformative; on the other punishments involving bodily pain have become objectionable to the See also:

• GENERAL
• GENERAL (Lat. generalis, of or relating to a genus, kind or class)

general sense of society . Consequently See also:

• CORPORAL

corporal and even capital punishment occupy a far less prominent position, and tend everywhere to disappear . It began to be recognized also that stereotyped punishments, such as belong to penal codes, fail to take due See also:

• ACCOUNT
• ACCOUNT (through O. Fr. acont, Late Lat. comptum, cornputare, to calculate)

account of the particular See also:

• CONDITION (Lat. condicio, from condicere, to agree upon, arrange; not connected with conditio, from condere, conditum, to put together)

condition of an offence and the character and circumstances of the offender .

A fixed See also:

• FINE

fine, for example, operates very unequally on See also:

• RICH, BARNABE (c. 1540-1617)
• RICH, CLAUDIUS JAMES (1787-1821)
• RICH, JOHN (1692-1761)
• RICH, PENELOPE, LADY (c. 1562–1607)
• RICH, RICHARD, 1ST BARON RICH (1490?-1567)

rich and poor . See also:

• MODERN

Modern theories date from the 18th See also:

• CENTURY (from Lat. centuria, a division of a hundred men)

century, when the humanitarian movement began to See also:

• TEACH [THATCH OR THACH], EDWARD (d. 1718)

teach the dignity of the individual and to emphasize his rationality and responsibility . The result was the reduction of punishment both in quantity and in severity, the improvement of the See also:

• PRISON (derived through the Fr. from the Lat. prehensio, seizure)

prison See also:

• SYSTEM

system, and the first attempts to study the See also:

• PSYCHOLOGY
• PSYCHOLOGY (>Guxrl, the mind or soul, and X yos, theory)

psychology of See also:

• CRIME (Lat. crimen, accusation)

crime and to distinguish between classes of criminals with a view to their improvement (see CRIME; PRISON; See also:

• CHILDREN, LAW RELATING TO

CHILDREN'S COURTS; JUVENILE OFFENDERS) . These latter problems are the See also:

• PROVINCE
• PROVINCE (Lat. provincia; perhaps a contraction of providentia)

province of criminal See also:

• ANTHROPOLOGY (Gr. avOpw1ror man, and Xoyos, theory or science)

anthropology and criminal See also:

• SOCIOLOGY

sociology, sciences so called because they view crime as the outcome of anthropological and social conditions . The See also:

• MAN
• MAN, ISLE OF (anc. Mona)

man who breaks the law is himself a product of social See also:

• EVOLUTION

evolution and cannot be regarded as solely responsible for his disposition to transgress . Habitual crime is thus to be treated as a disease . Punishment can, therefore, be justified only in so far as it (I) protects society by removing temporarily or 1 Talio, in juridical Latin, the abstract noun from talis, such, alike, hence " See also:

• RETALIATION

retaliation." See Exod. xxi . 24; Lev. See also:

• XXIV

xxiv . 20; Deut. xix . 2I.permanently one who has injured it, or acting as a deterrent,2 or (2) aims at the moral regeneration of the criminal . Thus the retributive theory of punishment with its criterion of justice as an end in itself gives See also:

• PLACE (through Fr. from Lat. platea, street; Gr. IrAar6s, wide)

place to a theory which regards punishment solely as a means to an end, utilitarian or moral, according as the See also:

• COMMON

common See also:

• ADVANTAGE

advantage or the See also:

• GOOD, JOHN MASON (1764-1827)

good of the criminal is sought .