ABSTRACT
Imagine a system of punishment otherwise identical to the current system, but which involves no hard treatment. Punishment generally perhaps conceptually involves the deliberate infliction of suffering on the punished. One preliminary issue is whether what is being considered here is a system of punishment or some other thing altogether. This issue arises out of the definition of punishment. For many people one element of the definition of punishment is that it involves the infliction of suffering. A denunciatory function of punishment can be retained without the element of hard treatment. For the sake of completion it is worth mentioning a final possible worry about a criminal justice system without suffering imposed as punishment. If it is, there may be a case for thinking it is best regulated by the state and that, should the state fail in that function, vendetta practices will arise that threaten peace, stability and, insofar as such practices will be error prone, justice.
