Philosophy of Punishment

This chapter reviews the various types of punishments, as well as their aims, which Jewish law discusses throughout the ages. The chapter reviews a wide range of sources, from the Bible through the talmudic and medieval literature to the twentieth-century discussions. The main argument presented in the chapter is that the design of Jewish criminal punishment throughout the ages was influenced by the tension that exists between its two different aims: on the one hand, the religious nature of Jewish law emphasizes the motive of atonement, and, on the other hand, the need to make punishment effective from a social perspective, similar to its purpose in human legal systems.