Re-Writing on crime and punishment: A comparison; with Archaeological evidence in Sri Lanka

Abstract

History is intangible and unchangeable. Historical shreds of evidence draw lines from past to the present with evolutionary changes occurred in society. The societal views and the implemented systems in a respective society could differ from another and be recognized as modern than the other. This paper examines the early archaeological evidence on crime and punishment in Sri Lankan context and tries to compare with the accepted system as the pioneering ideologies which introduced far back from the Sri Lankan archaeological pieces of evidence aroused with the "Vēvälkätiya pillar inscription" in the period of the King IV Mahinda (circa1026-1042 A.D.). Although Cesare Beccaria (1738 – 1794) and Jeremy Bentham (1748- 1832) introduced the specific deterrence concept regarding the "free will" in 1764 with the "essay on crime and punishment", Sri Lankan history indicates a similar deterrence practice before 722 years. Swiftness, certainty, and severity were known as the unique characteristics of punishment by classical schoolers, and Vēvälkätiya pillar inscription included these as it is and more descriptive ideas on steps can be taken for an effective deterrence could be identified. This purposive comparative study revealed that the methodological discussion regarding the crime and punishment and the implementation were done in Sri Lanka and it runs far back to the year 1026 to 1042 A.D., which addresses the history beyond accepted as the pioneering discussion on crime and punishment.