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12 - The purpose of punishment

Published online by Cambridge University Press:  05 June 2012

Richard Bellamy
Affiliation:
University of East Anglia
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Summary

It is evident from the simple considerations already set out that the purpose of punishment is not that of tormenting or afflicting any sentient creature, nor of undoing a crime already committed. How can a political body, which as the calm modifier of individual passions should not itself be swayed by passion, harbour this useless cruelty which is the instrument of rage, of fanaticism or of weak tyrants? Can the waitings of a wretch, perhaps, undo what has been done and turn back the clock? The purpose, therefore, is nothing other than to prevent the offender from doing fresh harm to his fellows and to deter others from doing likewise. Therefore, punishments and the means adopted for inflicting them should, consistent with proportionality, be so selected as to make the most efficacious and lasting impression on the minds of men with the least torment to the body of the condemned.

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Publisher: Cambridge University Press
Print publication year: 1995

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