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Single Idea 7294
[filed under theme 25. Social Practice / D. Justice / 3. Punishment / a. Right to punish
]
Full Idea
An ancient principle of Roman law states, nullum crimen et nulla poene sine lege, - there is no crime and no punishment without a law.
Gist of Idea
No crime and no punishment without a law
Source
[Roman law] (Roman Law [c.100]), quoted by A.C. Grayling - Among the Dead Cities Ch.6
Book Ref
Grayling,A.C.: 'Among the Dead Cities' [Bloomsbury 2006], p.245
A Reaction
That there is no 'punishment' without law seems the basis of civilization. Suppose a strong person imposed firm punishment in order to forestall more brutal revenge by others? What motivates the creation of criminal laws?
The
21 ideas
with the same theme
[what grounds the right of the state to punish]:
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22604
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Punishing a criminal for moral ignorance is the same as punishing someone for being blind
[Epictetus]
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23368
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Perhaps we should persuade culprits that their punishment is just?
[Epictetus]
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7294
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No crime and no punishment without a law
[Roman law]
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23268
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We execute irredeemable people, to protect ourselves, as a deterrent, and ending a bad life
[Galen]
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2380
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Punishment should only be for reform or deterrence
[Hobbes]
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19867
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Reparation and restraint are the only justifications for punishment
[Locke]
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19869
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Punishment should make crime a bad bargain, leading to repentance and deterrence
[Locke]
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19912
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Self-defence is natural, but not the punishment of superiors by inferiors
[Locke]
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12936
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There are natural rewards and punishments, like illness after over-indulgence
[Leibniz]
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20002
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The death penalty is permissible, because its victims enjoyed the protection of that law
[Montesquieu]
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20010
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If religion teaches determinism, penalties must be severe; if free will, then that is different
[Montesquieu]
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19809
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We accept the death penalty to prevent assassinations, so we must submit to it if necessary
[Rousseau]
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19810
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A trial proves that a criminal has broken the social treaty, and is no longer a member of the state
[Rousseau]
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21088
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Justice asserts the death penalty for murder, from a priori laws
[Kant]
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7219
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Society can punish actions which it believes to be prejudicial to others
[Mill]
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20232
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Get rid of the idea of punishment! It is a noxious weed!
[Nietzsche]
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24098
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Reasons that justify punishment can also justify the crime
[Nietzsche]
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14814
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Execution is worse than murder, because we are using the victim, and really we are the guilty
[Nietzsche]
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23852
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To punish people we must ourselves be innocent - but that undermines the desire to punish
[Weil]
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6572
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Deterrence, prevention, rehabilitation and retribution can come into conflict in punishments
[Fogelin]
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6573
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Retributivists say a crime can be 'paid for'; deterrentists still worry about potential victims
[Fogelin]
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