A Brief History of Punishment

What is Punishment? Stanford Encyclopedia of Philosophy: “The authorized imposition of deprivations (freedom or privacy or goods to which a person has a right) or imposition of burdens- because a person has been found guilty of some criminal violation, typically involving harm to the innocent.”

Primitive Society Punishment is left to the individuals wronged or their families. Usually was vindictive or retributive, the punishment would bear no relation to the gravity of the offense.

Development of “Proportional Punishment”: “Eye for an Eye” punishment. Evolves into punishment of an individual by the state. Evolves into “The Rule of Law,” where crimes and punishments are codified.

Deterrent Punishment Predominantly seen in the Middle Ages up until the 1900s. Crimes were punished through violence, often in public, so that the punishment deterred others from committing crimes.

The Humanist Movement Developed in the 1800s by Jeremy Bentham. Movement to do away with “Painful” punishments. Emphasis on reforming the criminal. First time that circumstances and conditions are taken into account when considering punishment.

Incarceration Is a relatively modern method of punishment, having been only widely used over the past 200 years or so. Not widely used in earlier times because… Seen as “protecting society” from the criminal while still recognizing the “value of the life of the criminal.”

Types of Punishments Judicial Punishment: Imposition of Fines or Loss of Income, restriction of rights, etc. Physical/Corporal Punishment: Imposition of pain or discomfort or death upon the criminal.

Reasons for Punishment Deterrence: Dissuade someone from wrongdoing in the future. –Usually takes the form of physical punishment. –Hope is that the benefit gained from the offense will be outweighed by the cost of the punishment. Some Flaws in this Theory….

Reasons for Punishment, Part II Rehabilitation: Reform the wrongdoer so that they do not commit the offense in the future. –Goal is to change the attitude of the offender.

Reasons for Punishment, Part III Incapacitation: Physically prevent the offender from interacting with the members of society. –Seen as “Protecting the Population.” –Usually used with the most violent offenders.

Reasons for Punishment, Part IV Restoration: The Offender must “Right The Wrong”: –Usually used in more minor offenses. –Fines, compensation, etc., seeks to make the offended party whole again.

Reasons for Punishment, Part V Retribution: The practice of “Getting Even” with the Offender. Offender must get “what he deserves” but no more. Problems with this theory….

A Pictorial History of Punishment

Beheading

Burning at the Stake

The Chair of Spikes

Drawn and Quartered

Caning

Flogging

Hanging

The Ordeal of Fire

The Ordeal of Water

The Heretic Fork

The Rack

Stoning

Trial by Combat

The Pillory (with a bonus Flogging)

The Stocks

The Neck Violin

Whirligig

The Pear

Your Assignment: “A Punishment Story” In groups of two or individually, select a form of exotic punishment, as outlined in our lecture or of another sort, if you wish. Research the punishment, how was it developed, how was it carried out, who used it, etc. Research a victim of the punishment in question, find out the story behind the crime, the type of punishment given and specific descriptions of the punishments. Be prepared to present your information to the class in the form of a re-enactment, slide presentation, dramatic reading, etc.