Definition of punitive

The word "punitive" originates from the Latin word "poenītīvus," which translates to "penitory" or "penitential." In Roman law, poenitīvus referred to a legal procedure where a person who had committed a crime, but had not been caught, would voluntarily seek punishment as a sign of remorse. The meaning of the term evolved over time. During the Middle Ages, it began to describe a more severe form of punishment, particularly as used by the church as a form of penance. This form of punishment was intended to serve as a form of atonement for the sinner, but also to deter others from committing similar acts. By the 14th century, "punitive" was being used to describe legal punishment that was intended to deter future wrongdoing rather than simply serve as retribution. This sense of the term reflects the philosophical development of the idea that punishment should serve a purpose beyond just punishment, and should also act as a deterrent to others who may be considering similar actions. In modern usage, "punitive" generally refers to punishments that are intended to inflict disproportionate or excessive penalties in order to deter others or to make an example out of the individual being punished. While this usage can be seen as a departure from the original meaning of the term, it reflects the continued evolution of legal and philosophical thought surrounding the purpose and justification of punishment.