When crime dares... who will awaken the prestige of deterrence?
Since the dawn of civilization, humanity has sought a balance to protect rights and curb aggression. In ancient Egypt, “Ma’at” embodied the principles of truth, justice, and order, while the decree of Horemheb was issued to combat corruption and violations of people’s rights.
The legal foundation then evolved from custom to codification, giving rise to the Code of Ur-Nammu, one of the oldest known collections of written laws, followed by the Code of Hammurabi, king of Babylon. Hammurabi’s code established rules regarding liability and punishment, with its provisions inscribed on a diorite stele in cuneiform script. It comprised 282 legal articles, predominantly governed by the principle of “an eye for an eye and a tooth for a tooth.”
Next came the Twelve Tables in Rome, paving the way for the development of Roman law, which contributed significantly to building the edifice of legal jurisprudence, ultimately leading to modern legislation.
Throughout this evolution, society’s need for law has remained constant, though its philosophy has developed. While punishment was once primarily aimed at the offender after the commission of an act, modern justice seeks to protect society, prevent crime before it occurs, and achieve both deterrence and rehabilitation.
A crime may not be realized until all its elements are complete, but its seeds are sown when the sense of accountability weakens and the offender believes that the law may not reach him. Herein lies the value of deterrence. The law derives its authority not solely from the severity of punishment, but from the certainty of its application, the fairness of its enforcement, and the swift apprehension and accountability of the perpetrator according to law. The Italian jurist Cesare Beccaria recognized that the certainty and fairness of punishment exert a stronger deterrent effect than its severity. A punishment that the offender knows is inevitable is more impactful than a severe penalty whose execution is shrouded in doubt and delay.
The Holy Quran, perhaps, anticipated modern criminal thought in expressing the essence of deterrence with eloquent clarity, stating: “And there is for you in legal retribution [saving of] life, O you [people] of understanding, that you may become righteous.” Here, retribution is not merely about inflicting harm; it is about preserving life, deterring aggression, and safeguarding societal stability. The knowledge of consequences can prevent a person from committing a crime before it occurs.
In the modern state, punishment is no longer an end in itself, based on revenge against the offender or merely inflicting pain. Rather, it is a means to protect society, deter the offender and others, achieve justice, and rehabilitate the convicted individual to facilitate their reintegration into society. Therefore, calling for harsher penalties with every crime that shocks public opinion is insufficient. Severity alone does not create deterrence.
Deterrence is a comprehensive system that begins with clear legislation, agencies capable of professionally detecting crime, fair and expeditious trials, enforceable judgments, and effective implementation. This ensures that anyone contemplating a crime realizes that the law is not merely a written text, but a present justice that does not delay in reaching the perpetrator.
Furthermore, the family, school, university, media, and cultural and religious institutions are partners in prevention. While law addresses crime after it occurs, education and awareness can prevent many crimes before they are even born.
The authority of the law is not measured by the fear that punishment instills in hearts, but by the reassurance that justice brings to society. A strong law is not one that frightens people, but one that protects them, safeguards their rights, and makes the transgressor certain that their overstep will not go without accountability. It is a law that gives people confidence that their rights will not be lost, and that justice does not discriminate between the powerful and the weak, nor does it open its doors to influence or mediation.
When equality before the law is established, trust in the judiciary is strengthened, and just rulings become effective and enforceable, the authority of the law transforms from mere text into a reality that people can experience firsthand.
Here, justice meets deterrence. A safe society is not one where punishments abound, but one where the need for them diminishes, because respect for the law becomes an entrenched behavior, leaving no room for mischief or impunity. The purpose of punishment is not to overcrowd prisons, but to reduce crime, and to safeguard lives, property, and freedoms, while building public confidence that justice is neither delayed nor discriminatory.
The adage “Whoever feels secure from punishment behaves improperly” remains the essence of the argument and the core of deterrence. The strength of the state lies not in the severity of punishment, but in the fairness of the law and the effectiveness of its enforcement. When justice prevails, behavior straightens; when the law is present, chaos recedes; and when people are confident that their rights will not be neglected, respect for the law becomes a culture rooted in conviction rather than fear. Crime becomes the exception, not the rule, and justice becomes a reality, not merely a slogan.
Legal Advisor
