Punishment

Abstract This entry explains the political theory of punishment. The definition of punishment is somewhat elusive, but among nations dedicated to the rule of law, it usually includes the following ideas: (1) an offender has violated a public law that carries with it a sanction; (2) there is an official governmental response that involves arrest and trial; (3) the offender has the right to counsel and a number of other procedural protections; (4) punishment follows a jury's or a judge's decision; and (5) the punishment deprives the offender of a right and is sufficient for the crime and not more so. To facilitate the investigation into punishment's meaning, the entry begins with an overview of ancient and medieval punishment and then discusses modern conceptions of punishment, by focusing on key thinkers who have written on punishment. Modern punishment differs from ancient and medieval punishment in important respects, principally through the use of the prison and other disciplinary techniques.