Humans
as social beings are meant to live together; for if not, they are either beasts
or spirits. Human beings though are the same as having the same biological and
physiological make-ups, they are equally different. This difference is seen in
their diverse ways of perception of reality. With all these features of humans,
they are meant to live together. In living together, they enter into a
relationship which has various forms or kinds. It is in the context of this
relationship that a guideline is made. This guideline is aimed that protecting
this relationship as it makes it better. This guideline is called “Law”.
A
law is a binding custom or practice of a community. It is a rule of conduct or
action prescribed or formally recognised as binding or enforced by a
controlling authority. Laws are various prescriptions and guidelines vis-à-vis
human actions that are encouraged or discouraged within a particular society.
The sole aim of law is the better organization of the human society. That is,
laws are provided to guide humans’ relationships with themselves so as to
guarantee the peaceful and harmonious relationship of them as they co-exist in
the society.
Laws
could be documented while some are not. The documented law is exemplified in
the constitution of a civil society. Also, there are universal laws and
particular laws. While universal laws are believed and practice by all human
societies, particular/relative laws are those that are practised within a
culture. Be it as it may, laws are meant to organise the human society. Laws
as they are need to be very useful and be respected by the people for which it
was made. In ensuring that these laws are maintained by the people, there comes
again the idea of punishment which serves as means of enforcement of laws in
the society. If there is no punishment, laws may not be kept and hence they
become useless.
Punishment
is a penalty for doing
something wrong: a penalty that is imposed on somebody for
wrongdoing. It can take several forms such as fines, work, and other ways of
punishment for wrong doing. One thing about punishment is that it only occurs
when there is a breach of a value of a law. That is to say that the
justification of punishment lies in the infringement of the law.
Punishment is primarily and essentially geared
towards the restoration of the judicial order violated by a crime. Punishment
has three main functions- it is retributive, corrective and deterrent. It is retributive because it pays back the
offender for the offence, gives the just desserts, re-establishes the equal
balance of justice which has been outraged and re-asserts the value of the law
which has been flouted. It is corrective as it is directed towards the
improvement of the offender and the person’s rehabilitation as a member of the
society. Finally, it is directed towards preventing similar crimes by others,
showing by example what happens to the offenders. Thus, the functions of
punishment should be retributive: vindicating the rights of the offended;
corrective: rehabilitating the offender and deterrent: forewarning the
community at large.
Law and Punishment are meant to guide the
relationship of humans in the society such that they will experience peace and
harmony. The importance of law and punishment is such that without them, there
will be chaos and problems within the human society.
Biblically, law and punishment could be seen in its
place in humans’ relationship with God. The relationship between God and his
people is aimed at uniting them here on earth and also in heaven. Hence there
is need to clearly state the nature of the relationship. It is in this context
that we see the existence of the Ten Commandments and the significance. The Ten
Commandments are meant to guide the relationship between God and humans on the
one hand and among humans themselves on the other hand. It contains required
and encouraged behaviours and those that should be avoided.
From the bible, we are meant to understand that God
gave several punishments to people who disobeyed his commands in one way or the
other. The punishments he gave out to the offenders were retributive,
corrective and deterrent. This is to show that the law is very important and
punishment serves as the purpose of respecting and keeping the law. At least
the book of Leviticus clearly illustrates the place and role of law and
punishment in the human society in the Old Testament.
In the New Testament, Christ taught this when he mandated
Peter to pay the tax of both of them from the coin he will get from the mouth
of the fish. We also see Christ encouraging people to obey the laws of the land
by paying taxes to Caesar. However, it
is worthy to note here that not all laws and punishments are entirely good, as
they may have one or two shortcomings. But the fact remains that the bible
acknowledges the importance of law and punishment.
Finally, law and punishment may seem to limit
humans’ freedom or may be seen as unnecessary by some people. But law and
punishment are very important. Hence beyond others, the bible recognizes the
legitimacy, necessity and efficacy of law and punishment in the society, in
this way giving it a justification. And so, laws and the punishments attached
to them in any environment are meant solely for the good of the community, and
that is why all in that environment must abide by it.
Nwanyanwu Chris
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