The History of Crime and Punishment

When studying the purpose and function of punishment across different time periods, a common aim becomes clear; to create an orderly and peaceful society. However, the methods of and ideology behind punishments is not congruent. Early time periods employed harsh, permanent punishments whereas modern societies utilized humane corrective services when dealing with criminals. When placed side by side, the Roman Empire, Medieval Britain and today’s society clearly illustrate the changes in methods and ideology behind reprimanding criminals. From this we can determine how early societies influenced the laws of future societies, however we can also determine how the laws and its punishments changed to satisfy the societal views dominant in that era.

Ancient Roman law was a highly regimented and detailed system wherein all legislations were documented and the processes concerned with the law were precariously and routinely followed. This profoundly structured legal system was an attempt to appease a wider array of citizens and to promote an orderly, productive society. Within this system punishment techniques were employed as a deterrence mechanism and a form of revenge against a criminal.

In the source, The Twelve Tables, specifically Table 7, Law 8, it is detailed that “When anyone publicly abuses another person in a loud voice, or writes a poem for the purpose of rendering him infamous, he shall be beaten with a rod until he dies”. This harsh punishment clearly depicts Ancient Rome’s view of a strong, defined line between good and bad, thus reflecting their societal views.

Roman law share similarities and differences with both medieval and modern law. The parallels between roman and medieval law is that they both used harsh direct...

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...rn courts are divided up however; medieval courts are separated by the individual who committed the crime, whereas modern courts are separated by the severity of the crime committed, rather than the individual.

The differences and similarities discussed among the three societies illustrate how laws and the legal system must conform to satisfy the dominant societal views of that era. The Roman era was fixated on creating a long lasting society wherein peace and order is paramount. The Medieval era was focused on pleasing the monarchy and allowing the Catholic Church to use and abuse its ever growing power over the population. Today’s legal system is built upon the idea that human rights and not infringing upon these rights is fundamental. From this we can interpret that each era’s legal system’s primary function was to facilitate a powerful, sustainable society.