But when no punishment at all has been settled by the law whatever is inflicted

But when no punishment at all has been settled by the

This preview shows page 67 - 69 out of 92 pages.

deter that crime, and is therefore not part of the punishment. But when no punishment at all has been settled by the law, whatever is inflicted does have the nature of punishment. For someone who sets out to break a law for which no penalty has been set expects · that if he is caught he will receive · an indeterminate punishment, i.e. a punishment devised for his particular case. Ninthly, harm inflicted for an act performed before there was a law forbidding it is not punishment but an act of hostility; for punishment presupposes an act that is judged to have been a breach of the law, and there can’t be a breach of a law that doesn’t yet exist. Tenthly, hurt inflicted on the representative of the com- monwealth is not punishment but an act of hostility; because it is of the nature of punishment to be inflicted by public authority, which is the authority of the representative itself. Finally, harm inflicted on declared enemies · of the com- monwealth · is not describable as ‘punishment’. Either they were never subject to the law, and therefore cannot break it, or they have been subject to it but claim to be so no more, and therefore deny that they can break it; so all the harms that can be done to them must be taken as acts of hostility. But when hostility has been declared, all infliction of evil is lawful. So if a subject by actions or words knowingly and deliberately denies the authority of the representative of the commonwealth, he may lawfully be made to suffer whatever the representative chooses to inflict, whatever penalty has been officially set for treason. For in denying that he is a subject he · implicitly · denies · that he is liable for · the punishment ordained by the law, and therefore he suffers as an enemy of the commonwealth, that is, he suffers whatever the representative chooses that he suffer. For the punishments set down in the law are for subjects , not for enemies such as those who, having become subjects by their own act, then deliberately revolted and denied the sovereign power. The first and most general division of punishments is into divine and human . It will be more convenient to discuss the former later on [ in chapters 31, 38, 44 ] . Human punishments are those that are inflicted at the command of man, and are either corporal , or pecuniary , or 141
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Leviathan 3 Thomas Hobbes 28: Punishments and rewards disgrace , or imprisonment , or exile , or a mixture of these. Corporal punishment is the kind · of harm · that is, and is intended to be, inflicted on the body directly—for example stripes · left by a lash · , or wounds, or deprivation of such pleasures of the body as had previously been lawfully en- joyed. Some corporal punishments are capital, some less than capital. Capital punishment is the infliction of death—either done simply or accompanied by pain. Less than capital punishment includes stripes, wounds, chains, and any other corporal pain that is not in its own nature fatal.
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