Also found in: Wikipedia.
References in periodicals archive ?
69) Such questions would take us outside the parameters of the present article, but raising the questions themselves in a critical manner should give rise to a more profound reflection on the "chief punishment of hell," namely, the poena damni.
The second rule is also well known: nullum crimen nulla poena sine praevia lege poenali, which means -- There exists no crime and no punishment without a pre-existing law.
IN ANCIENT times there was a cruel and unusual capital punishment known as poena cullei (in Latin, "punishment of the sack") that entailed placing the criminal in a sack along with a monkey, a dog, a rooster, and a viper, sewing the sack up, and then tossing it into the ocean.
The Latin word poena (from which the pain and punishment in English derive) refers less to the type or intensity of the punishment to be inflicted than to the obligation to compensate the victim.
119, 121 (2008) ("One of the most fundamental defenses to a criminal prosecution is that of nullum crimen sine lege, nulla poena sine lege ('no crime without law, no punishment without law').
Is this distinction between culpa and poena somehow operative in the complex temporality of revenge tragedy?
39 (1940) ("[W]here the law was not available to the community, the principle of 'nulla poena sine lege' comes into play.
Packer, supra note 42, at 90; see also Jerome Hall, Nulla Poena Sine Lege, 47 Yale L.
53v/ everlasting poena (e) sensus [punishment of the senses] as an instituted (f) punishment of their Contempt and willfull rebellion.
Further, use of corporate criminal liability to compel corporations to undertake a policing function is tantamount to a violation of the principle of legality (nulla poena sine lege)--the fundamental liberal principle that forbids punishment without violation of law.
The juridical cumulation system is in fact the most widespread in contemporary laws, unlike the system of arithmetic series (or the system of adding the penalties) expressed by the Latin adage "quot delicta, tot poenae" or by the absorption system expressed by the adage "Major poena minorem absorbet".
In notes taken on 16 March 1946, Biddle wrote, 'The maxim of nullum crimen nulla poena is not a limitation of sovereignty and in certain circumstances and particularly in International Law it may be just for the sovereign power to treat some acts as crimes which had not been designated as crimes at the time they were committed.