International law; Natural law; War (International law)
VI. This seems the most proper place for reviewing those distinctions
in the motives of punishment, which have been used by Plato in his
Gorgias, and by Taurus the philosopher in a passage quoted by Gellius
in the fourteenth chapter of his fifth book. These distinctions seem to
result naturally from the end of all punishment. Plato indeed considers
the amendment of the offender, and the example given to others, as the
two principal motives: but Taurus has added a third, which he calls
satisfaction, and which is defined by Clemens Alexandrinus, to be
repayment of evil, contributing to the benefit of both the aggrieved
and avenging party. Aristotle passing over example as a motive,
confines the object of punishment to the amendment or correction of the
offender. But Plutarch has not made the same omission: for he has said,
that "where immediate punishment follows the execution of a heinous
crime, it both operates to deter others from committing the same crime,
and administers some degree of consolation to the injured and suffering
person." And this is what Aristotle calls commutative justice. But
these matters require a more minute inquiry. We may observe therefore
that there is nothing contrary either to human or divine law, in
punishments, which have the good of the offender, or that of the
injured party, or of any persons whatsoever in view.
The three proper ends are obtained by that kind of punishment, which
some philosophers have called correction, some chastisement, and others
admonition. Paulus the Lawyer, has given it the name of correction;
Plato styles it a lesson of instruction, and Plutarch a medicine of
the soul, reforming and healing the sufferer, while it operates as a
painful remedy. For as all deliberate acts, by frequent repetition,
produce a propensity, which ripens into habit, the best method of
reforming vices in their earliest stage is to deprive them of their
sweet savour by an infusion of subsequent pain. It is an opinion
of the Platonists, repeated by Apuleius, that "impunity and the
delay of reproof are more severe and pernicious to an offender than
any punishment whatsoever," and, in the words of Tacitus, "violent
disorders must be encountered with remedies proportionably strong."
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