Journal of Criminal Law Research

From Pain and Suffering to Violence: Redefining the Nature of Punishment

Document Type : Research Paper

Authors

Mahdi Sheidaeian 1
Masoud Hajiyani 2

1 Associate Professor, Faculty of Law, Farabi College, University of Tehran, Qom, Iran.

2 PhD Student, Criminal Law and Criminology, Farabi College, University of Tehran, Qom, Iran.

https://doi.org/10.22054/jclr.2025.86387.2777
Abstract
Contrary to common belief, there is no precise and universally accepted definition of punishment. In fact, many criminal laws, including those of Iran, do not provide a clear definition of punishment, with legislators and some thinkers often assuming it to be an obvious concept. Nevertheless, a variety of definitions have been proposed, most of which emphasize the element of pain and suffering, with many describing the "painfulness" of punishment as one of its central components. This research aims to redefine punishment within penal systems, using a descriptive-analytical method and library-based data, in order to answer the question: What is the true nature of punishment?
The goal of this article is to present a new reinterpretation of the concept of punishment—one that moves beyond the functional and formal aspects of conventional definitions and explores its conceptual and structural foundations. Through a comparative analysis of the concepts of punishment, pain, and violence, it is demonstrated that what is often regarded as an inherent characteristic of punishment—namely, "suffering"—is not a fundamental component, but rather a natural consequence of another action: violence. Violence is understood as an external, intentional act based on an unequal power relationship, aimed at harming, dominating, or imposing one’s will upon another. This structure is shared by punishment, with the key difference being that punishment, in contrast to general violence, is legitimized and formalized by the legal system. In other words, punishment should be regarded as legitimate, structured, and institutionalized violence, applied in the name of justice. Within this framework, "pain and suffering" are not essential to punishment itself, but rather result from its legitimate violence. Although this suffering may be justified by benevolent intentions such as deterrence, correction, or social relief, from a structuralist perspective, it does not alter the inherently violent nature of punishment.
Thus, the central hypothesis of this research is affirmed in two ways: first, pain and suffering are not constitutive elements of punishment, but its consequences; and second, the structure of punishment aligns closely with that of violence—differing only in its intentional, structured, and legally sanctioned application.
The redefinition of punishment, if taken seriously, is not merely a theoretical exercise; it directly impacts how we understand and organize penal systems, criminal policy, judicial reforms, and even the concept of "justice" itself. If we accept that punishment is inherently a form of violence, we are confronted with the difficult moral question of whether intentionally inflicting suffering on a human being, even under the guise of law, is justifiable. Moreover, this redefinition highlights that the consequences of punishment extend beyond the individual offender; society itself becomes complicit in the cycle of suffering and harm that punishment perpetuates. This challenges the stated goals of punishment and raises doubts about their actual effectiveness. It is possible that part of the persistent failure of punitive systems lies in the fact that punishment, at its core, is organized violence, and violence—whether it is employed in the name of deterrence, correction, or order—rarely yields constructive or restorative outcomes.
As such, attention is shifting away from punishment as the primary solution and toward the search for less violent, more humane alternatives. Restorative justice, which focuses on repair, reconciliation, and reintegration of both victims and offenders into society, offers one such alternative. This approach seeks to break the cycle of punishment and revenge. It is also aligned with ideas such as the "right not to be punished" and the "right to rational punishment," providing a theoretical framework for rethinking criminal policy. On a deeper level, redefining punishment necessitates addressing the root causes of crime—such as poverty, discrimination, and structural inequalities—that are often marginalized in traditional discussions of criminal justice.
In conclusion, if we regard punishment as a legal form of violence, then pain and suffering cease to be its "essence" and become instead the consequence of violence that is applied in a systematic and legitimate manner. Punishment, in this view, is a deliberate, structured, and institutionalized violence labeled as justice. Therefore, the final recommendation of this research is that any discussion of criminal justice must be accompanied by an awareness of the violence inherent in punishment. Efforts to minimize this violence at the levels of law, the judiciary, and enforcement should become a central concern for policymakers. Redefining punishment and acknowledging the violence it entails should be seriously considered in the pursuit of more effective and humane justice.

Keywords

Punishment
Pain and Suffering Violence
Legitimacy of Punishment
Goals of Punishment
Subjects
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Journal of Criminal Law Research
Volume 14, Issue 52
Autumn 2026
Pages 1-34

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