ABSTRACT
This chapter refers to the comments of philosopher Philip Montague in Punishment as societal defense. The concept of punishment is relevant to a number of academic disciplines. As a result, countless definitions or conceptions of punishment have appeared in the philosophical, sociological, and criminological literature. A legal framework employs conventional benchmarks for defining penal activity. The logic employed by the court in Kansas v. Hendricks and Smith v. Doe shows the sustained influence of classic punishment philosophies among certain legal authorities. In both Kansas and Smith, the court formed their opinions around the established criterion of legislative intent. A counter to the legal framework can be found in the social control literature. The image of penal activity that emerges is based on the attributes of the activity in question. The idea of punishment as an activity that is durational, personal, and coercive are particularly important for distinguishing penal activity.
