The Nature of Punishment

The existence of punishment dates back to Babylonian times, and has been necessary to maintain social order within any civilization. Most people would agree on its two main functions: for retribution and for bettering society. Retribution is, simply put, the Biblical principle of "eye for eye, tooth for tooth, hand for hand, foot for foot" (Exodus 21:24). It is backwards-looking because it is not motivated by a desire to improve the future, but by a sense of revenge. On the other hand, consequentialism is forward-looking because it anticipates a better future that can be brought about in three ways: the prevention of further crime, the increase of the threat of punishment within society by deterring others from crime, and the reformation of the criminal.

Even though punishment is an age-old concept, the methods by which we punish those who break the social contract have changed drastically over the years. The shift has been from physical and violent means to a more controlled system where the punishment is more psychological.

Also, the purpose of punishment has not remained static throughout history. The issue is whether the main function of punishment now is for retribution or improving society. The purpose is never clear-cut as there are different agents acting within the judicial system. For victims, the function is purely for vengeance, while the court system seeks to better society. The method by which punishment is carried out is inherently linked to the intention of punishment. The methods have become less violent because a controlled system developed in which justice was not administered directly by those who felt wronged.

The nature of punishment has evolved from physical to psychological and from a retributive motive to a desire to improve society. These two changes both seem to reflect a shift from the barbaric to a more civilized nature. The terms "barbaric" and "civilized" both contain their own connotations, and we regard civilized as the superior state of society because it implies that we have evolved and changed for the better.