How has the purpose of criminal punishment changed since the Enlightenment?
Since the Enlightenment, the purpose of criminal punishment has shifted from a primary focus on retribution toward more rationalistic, pragmatic, and humanitarian objectives.12
The Enlightenment Shift
Before the Enlightenment, the traditional approach to criminal law viewed crime as a moral wrong, with punishment serving to exact retribution and expiate the offender's guilt. During the 18th century, Enlightenment thinkers such as Cesare Beccaria, Jeremy Bentham, and Montesquieu argued that the main purpose of criminal law should be the prevention of crime. Beccaria, in particular, advocated for the utilitarian principle that penalties should be only as severe as necessary to maintain security and order, criticizing the barbaric practices of his time.23
Evolution of Objectives
Following this period, the focus of punishment expanded to include:
* Deterrence: Aiming to dissuade potential offenders through the threat of punishment or to reinforce social norms through public denunciation.4
* Rehabilitation: Emerging in the 19th century, this approach seeks to treat and train offenders to enable their return to society as law-abiding citizens.5
* Social Protection: With the rise of the social sciences, punishment became increasingly justified by its role in protecting the public and addressing the social conditions that contribute to crime.12
While modern systems often integrate these goals, there remains an ongoing tension between these pragmatic approaches and the enduring demand for retributive justice, particularly in serious cases.167