One of the chief justifications of government is that it
should preserve law and order, protect the innocent, and punish criminals.
Judgments must be made with great care, in order not to
mistakenly punish innocent people. The judge should not be
partial, but should treat everyone with an equal eye. Many texts
enjoin the authorities to be compassionate and prescribe lenient
punishments for minor infractions. Punishment should not be
prescribed from a vengeful motivation, but always with the prisoner's
welfare as well as the welfare of society in mind.
Punishment serves as a deterrent to crime and a shield for the
innocent. In theistic traditions, the government in meting out punishments
is a co-worker with God, who is the final dispenser of justice. In the
Hindu and Buddhist traditions, the justice dispensed by the
government manifests the fruits of karma on the earth: justice on
earth corresponds to the absolute justice of the cosmos through
the operation of karma. Furthermore, since by committing crimes
the criminal burdens himself with demerit, which, if not purged
by punishment in this life, burdens him in a future life,
punishment helps him by reducing the quantity of evil karma which
he will have to expiate in the future. Thus a government that
vigorously prosecutes and punishes criminals upholds
righteousness both in the present, by distinguishing good from evil
in the eyes of the people, and in the future, by reducing the quantity
of evil karma to be inherited by later generations.
Finally, an important purpose of punishment is rehabilitation.
To be effective as a force for rehabilitation and renovation, punishment
should elicit sincere repentance. The repentant criminal, by willingly accepting
his punishment, is forgiven by God and inherits future blessings.
He who renders true judgments is a co-worker with God.
1. Judaism.
Mekilta, Exodus 18.13
Whenever you judge between people, you should do so with
justice. How superbly God instructs you to do so; God is Alert, Observant!
2. Islam. Qur'an
4.58
Governance is the function of the ruler in order to protect
the state from the wicked and nourish the good.
3. Jainism.
Somadeva, Nitivakyamrita 5.1-2
By justice a king gives stability to the land, but one who
exacts gifts ruins it.
4. Judaism and
Christianity. Proverbs 29.4
If the thief steals something he takes an oath to decide his
fate, but if the oath steals something what will it take?
5. African
Traditional Religions. Igala Proverb (Nigeria)
What destroyed your predecessors was just that when a person
of rank among them committed a theft they left him alone, but when
a weak one of their number committed a theft they inflicted the prescribed punishment
on him. I swear by God that even if Fatima daughter of Muhammad
should steal, I would have her hand cut off.
6. Islam. Hadith
of Bukhari and Muslim
I [Moses] charged your judges at that time, "Hear the
cases between your brethren, and judge righteously between a man
and his brother or the alien that is with him. You shall not be
partial in judgment; you shall hear the small and the great
alike; you shall not be afraid of the face of man, for the judgment
is God's; and the case that is too hard for you, you shall bring
to me, and I will hear it."
7. Judaism and
Christianity. Deuteronomy 1.16-17
He is not thereby just because he hastily arbitrates cases.
The wise man should investigate both right and wrong.
The intelligent person who leads others not falsely but
lawfully and impartially, who is a guardian of the law, is called
one who abides by righteousness.
8. Buddhism.
Dhammapada 256-257
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Hadith of Bukhari and Muslim: On the punishment for theft, see
Qur'an 5.38, p. 420. Deuteronomy 1.16-17: Cf. Jeremiah 22.3, p.
256; Exodus 20.16, p. 430; Abot 1.1, p. 711; Isaiah 10.1-4, p.
920.
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Every person who is tempted to go astray does not deserve
punishment.
9. Islam
(Shiiite). Nahjul Balagha, Saying 14
The superior man gives careful thought to his judgments and
is tardy in sentencing people to death.
10.
Confucianism. I Ching 61: Inward Confidence
A sovereign should not inflict excessive punishment, nor
should he use harsh words and speak ill of anyone at his back.
11. Hinduism.
Matsya Purana 220.10
He who distinguishes good deeds from evil, Who shows the
results of karma--he is called a king. Ordained by the host of gods,
the gods delight in him. For the sake of himself or others, to
preserve the righteousness of his land, And to put down the rogues
and criminals in his domains, Such a king would give up, if need
be, his life and his kingdom.
12. Buddhism.
Golden Light Sutra 12
Let the king exert himself to the utmost to punish thieves;
for, if he punishes thieves, his fame grows and his kingdom
prospers.
A king who thus protects his subjects receives from each and all
the sixth part of their spiritual merit; if he does not protect them,
the sixth part of their demerit also will fall on him.
A king who protects created beings in accordance with the sacred
law and smites those worthy of corporal punishment, [it is as
though he] daily offers sacrifices at which hundreds of thousands
are given as fees.
A king who does not afford protection, yet takes his share in
kind, his taxes, tolls and duties, daily presents and fines, will soon
sink into hell.
13. Hinduism.
Laws of Manu 8.302-07
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I Ching 61: Cf. I Ching 40, p. 849. Golden Light Sutra 12: To
show the results of karma means to enforce justice that the people
will recognize that justice is truly enforced, and that the
criminals will reap the fruits of their deeds in this life,
thereby leaving less demerit to burden their next life. For more of
this passage, see pp. 923f. Laws of Manu 8.302-07: Vv. 302, 304, 306-07.
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Heaven, in its wish to regulate the people, allows us for a
day to make use of punishments. Whether crimes have been premeditated,
or are unpremeditated, depends on the parties concerned. Let you deal with
them to accord with the mind of Heaven and thus serve me, the One
Man. Though I would put them to death, do not you therefore put
them to death; though I would spare them, do not you therefore spare
them. Reverently apportion the five punishments so as fully to
exhibit the three virtues. Then shall I, the One Man, enjoy
felicity; the people will look to you as their sure dependence;
the repose of such a state will be perpetual.
14.
Confucianism. Book of History 5.27.4, Marquis of Lu on
Punishments
Punishment alone governs all created beings, punishment alone
protects them, punishment watches over them while they sleep; the
wise declare punishment to be the law.
If punishment is properly inflicted after due consideration, it
makes all people happy; but inflicted without consideration, it destroys
everything.
If the ruler did not, without tiring, inflict punishment on those
worthy to be punished, the stronger would roast the weaker, like fish
on a spit.
All barriers would be broken through, and all men would rage
against each other in consequence of mistakes with respect to punishment.
But where Punishment, with a black hue and red eyes, stalks
about, destroying sinners, there the subjects are not disturbed, provided
he who inflicts it discerns well.
15. Hinduism.
Laws of Manu 7.18-25
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Book of History 5.27.4: The 'three virtues' are: correctness and
straightforwardness in times of peace, strong government in times
of disorder, and mild government in times of harmony and order.
Cf. Analects 20.1.3, p. 555; Book of History 5.9, p. 405. Laws of
Manu 7.18-25: Vv. 18, 20-21, 24-25. Cf. Laws of Manu 9.263, p.
420; Book of History 5.9, p. 405; Golden Light Sutra 12, pp. 923f.
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O king, through compassion you should always Generate an
attitude of help Even for those embodied beings Who have committed
appalling sins.
Especially generate compassion For those murderers, whose sins
are horrible; Those of fallen nature are receptacles Of compassion
from those whose nature is great.
Free the weaker prisoners After a day or five days; Do not think
the others Are never to be freed.
For each one whom you do not think To free you will lose the
layman's vow, Because you will have lost the vow Faults will constantly
be amassed.
As long as the prisoners are not freed, They should be made
comfortable With barbers, baths, food, drink, Medicine and clothing.
Just as unworthy sons are punished Out of a wish to make them
worthy, So punishment should be enforced with compassion And not
through hatred or desire for wealth.
Once you have analyzed the angry Murderers and recognized them
well, You should banish them without Killing or tormenting them.
16. Buddhism.
Nagarjuna, Precious Garland 331-37
A thief shall, running, approach the king, with flying hair,
confessing that theft, saying, "Thus I have done, punish
me."
Whether he is punished or pardoned [after confessing], the thief
is freed from the guilt of theft; but the king, if he punishes
not, takes upon himself the guilt of the thief.
17. Hinduism.
Laws of Manu 8.314, 316
A man came to the Prophet and confessed four times that he
had had illicit intercourse with a woman, while all the while the prophet
was turning his back to him. Then when he confessed the fifth
time, the Prophet turned around...and asked him whether he knew
what fornication was, and he replied, "Yes, I have done with
her unlawfully what a man may lawfully do with his wife." He
then asked him what he wanted by what he had said, and the man
replied that he wanted him to purify him, so he gave the command
and he was stoned to death. Then God's Prophet heard one of his
Companions saying to another, "Look at this man whose fault
was concealed by God but who could not leave the matter alone, so
that he was stoned like a dog." He said nothing to them but
walked on for a time till he came to the corpse of an ass with
its legs in the air. He then summoned those Companions, and when
they came he said, "Go and eat some of this ass'
corpse." They replied, "Prophet of God, who can eat any of
this?" whereupon he said, "The dishonor you have just
shown your brother is more serious than eating some of this. By
Him in whose hand is my soul, he is now among the rivers of
Paradise, plunging into them."
18. Islam.
Hadith of Abu Dawud
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Precious Garland 331-37: Cf. Mencius I.A.6, 242. Laws of Manu
8.314, 316: Repentance is the key to the thief's successful redemption.
Also karma as viewed as a kind of substance. The thief's karma will
be destroyed by punishment, otherwise that karma continues to
exist and must be transferred to the government. Then it will be
manifest in increased crime and social disorder as the people understand
that they can steal with impunity. Hadith of Abu Dawud: This
man's punishment was truly redeeming because it was submitted to
voluntarily with a mind of repentance. Cf. Hadith in Sharh as-Sunnah,
p. 780.
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