Topic > History of Crime and Punishment - 751

When studying the purpose and function of punishment in different time periods, a common purpose becomes clear; to create an orderly and peaceful society. However, the methods and ideology behind the punishments are not congruent. Early periods employed harsh and permanent punishments, while modern societies used humane correctional 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 the rebuke of criminals. From this we can determine how early societies influenced the laws of future societies, however we can also determine how the laws and their punishments changed to suit the dominant social views of that era. Ancient Roman law was a highly regimented and detailed system in which all legislation was documented and law-related processes were followed in a precarious and systematic manner. This deeply structured legal system represented an attempt to please a broader range of citizens and to promote an orderly and productive society. Within this system, punishment techniques were used as a deterrent mechanism and a form of revenge against a criminal. In the source, The Twelve Tablets, specifically Tablet 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 making him infamous, he shall be beaten with a rod until death". This harsh punishment clearly describes Ancient Rome's vision of a strong and defined line between good and evil, thus reflecting their social views. Roman law shares similarities and differences with both medieval and modern law. The parallel between Roman and medieval law is that they both used hard and direct law... at the heart of the paper... the courts are however divided; medieval courts are separated by the individual who committed the crime, while modern courts are separated by the severity of the crime committed, rather than the individual. The differences and similarities discussed between the three societies illustrate how laws and the legal system must conform to satisfy the dominant social views of that era. The Roman era was fixated on creating a lasting society where peace and order were paramount. The medieval era was all about pleasing the monarchy and allowing the Catholic Church to use and abuse its ever-increasing power over the population. Today's legal system is based on the idea that human rights and not violating them are fundamental. From this we can interpret that the primary function of the legal system of each era was to facilitate a powerful and sustainable society.