Definition and origin of punishment

Above, when we began to speak of the reasons for which wars are undertaken, we said that acts must be considered in two categories, according as they can be repaired or punished. The former class we have already discussed. There remains the latter, which concerns punishments. This we must consider all the more carefully because the lack of a clear understanding as to the origin and nature of punishment has given rise to many mistaken opinions.

Now punishment in general means an evil of suffering which is inflicted because of an evil of action. For although it is customary to assign certain tasks to persons as a punishment, yet these tasks are regarded from the point of view of their burdensomeness, and so are to be classed with sufferings. However, the inconveniences, such as exclusion from public meetings or offices, which are anywhere suffered on account of a contagious disease, or a bodily deformity, or other manifestations of uncleanness (many of these are mentioned in the Hebraic law), are not, strictly speaking, punishments, although they are called by this name on account of a certain resemblance and through a misuse of the term.

Moreover, among those things which nature itself declares are permissible and not sinful is this, that he who does evil shall suffer evil; this the philosophers call the most ancient law, and law of Radamanthus.

What we have said of punishment properly so called is summed up in this, that it is a [response to] a crime.