PUNISHMENT

(Lat. pojnn, punishment.) In Jurisprudence,the infliction of suffering, under leg:il sanction, upon those who have violated the law. It is undoubtedly true, that both in legislation and in public opinion respecting punishment, the vindictive theory which considered it as a retribution for crime, and to be governed by our moral feelings of indignation against the of fender, has far too generally prevailed, and that the primary end, the interests of society, has been overlooked. But we are not quite certain whether the present course of opinion does not run too exclusively in the contrary direction; and whether those who adopt the common formula, that " Ihe object of all punishment is the prevention of the offence in sition.future," have reflected on all the consequences of that poFor instance, it is the common practice in this country as well as in others, to connect the administration of justice with the enforcement of the tenets of religion and morality. In pa ing sentence, wherever there is any peculiarity in the case calculated to call forth such observation,1005the judge [s. 1017]