Prisons and Imprisonment in the Ancient World: Punishments Used to Maintain Public Order
One of the most well-known forms of punishment today is imprisonment. One could argue that for any society to function properly, public order has to be maintained. This is an important function of the state and one of the ways this goal is achieved is through laws. Inevitably, laws have also been broken since they emerged, and punishments have been provided either as a form of retribution or as a deterrent to would-be law-breakers. The history of imprisonment can be traced back all the way to the ancient world.
The earliest known use of imprisonment as a form of punishment can be traced to the Mesopotamian civilization. In the oldest known surviving law code, the Code of Ur-Nammu , it is written that:
If a man commits a kidnapping, he is to be imprisoned and pay 15 shekels of silver.
In another Mesopotamian law code, the famous Code of Hammurabi , it is written:
If anyone has a claim for corn or money upon another and imprisons him; if the prisoner dies in prison a natural death, the case shall go no further.
If the prisoner dies in prison from blows or maltreatment, the master of the prisoner shall convict the merchant before the judge. If he was a free-born man, the son of the merchant shall be put to death; if it was a slave, he shall pay one-third of a mina of gold, and all that the master of the prisoner gave he shall forfeit.
Code of Hammurabi stele (1792-1750 BC). ( Mbzt/Wikimedia Commons ) The Code of Hammurabi contained laws and punishments in the ancient Mesopotamian world.
In other words, those who were in debt could be imprisoned by their debtors, rather than the state. Nevertheless, the prisoner was protected by the state, in the sense that his debtors could be punished if a person died in prison due to maltreatment.
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Although the Code of Ur-Nammu and the Code of Hammurabi both show that imprisonment may be used as a form of punishment, it has also been pointed out that this was not the punishment favored by the state. The Mesopotamians came to believe that imprisonment did not do any good in the end - either to the injured party or the state.
Rather than imprisonment, the Mesopotamians had a preference for the use of criminals for forced labor. It has been said that in the later Assyrian state, for instance, sentencing prisoners to forced labor, rather than imprisonment, was perceived as a more economically productive and socially beneficial alternative.
For more severe crimes, the Assyrians were also known to use capital punishment, e.g. flaying. This was more common for the punishment of criminals such as rebel leaders. ( Public Domain )
The Ancient Chinese Legal System
Not all ancient civilizations, however, agreed with the Mesopotamian view of punishment. In ancient China, for example, its legal system was dominated by the school of Legalism. According to the teachings of Legalism, punishment for all crimes had to be universal as well as harsh.
Apart from the use of prisons (the conditions of which were likely to have been horrible), the state could also inflict cruel and unusual punishments on law-breakers. These include the use of a variety of wooden collars and cages to inhibit a criminal’s movement, and having a chain attached to a heavy stone tied around a convict’s neck.
A couple forms of the harsh punishment used in Legalism in ancient China. ( Duhaime)
Despite the influence of Legalism, the ancient Chinese legal system had, at times, followed a more benevolent path. A stone tablet dating back to 723 AD (when China was ruled by the Tang Dynasty) records that Buddhist temples were expected to be built close to prisons, which some scholars believe was as a means to help rehabilitate criminals.
Ancient Greek Rehabilitation… for Some
The idea of rehabilitating prisoners is said to have also been shared by some ancient Greek philosophers, such as Plato. Nevertheless, it has been mentioned that there was a ‘class bias’ in punishment, and criminals who were not citizens of Greek city states were punished severely.
These punishments, which included stoning, burning alive, and crucifixion, were apparently aimed at retribution, and would be regarded as cruel by today’s standards.