Cruelty is the pleasure in inflicting suffering or the inaction towards another's suffering when a clear remedy is readily available. [1] Sadism can also be related to this form of action or concept. Cruel ways of inflicting suffering may involve violence, but affirmative violence is not necessary for an act to be cruel.
The term comes from Middle English, via the Old French term "crualte", which is based on Latin "crudelitas", from "crudelis". [2]
The word has metaphorical uses, for example, "The cliffs remained cruel." (i.e., unclimbable when they desperately needed to be climbed) in The Lord of the Rings .
The term cruelty is often used in law and criminology with regard to the treatment of animals, children, spouses, and prisoners. [3] When cruelty to animals is discussed, it often refers to unnecessary suffering. In criminal law, it refers to punishment, torture, victimization, draconian measures, and cruel and unusual punishment. [4] [5] In divorce cases, many jurisdictions permit a cause of action for cruel and inhumane treatment. [6]
In law, cruelty is "the infliction of physical or mental distress, especially when considered a determinant in granting a divorce." [7] According to Barozzo, there are four distinct conceptions of cruelty in criminal law. “The differences between these conceptions of cruelty rest on the types of agency, victimization, causality, and values that they employ.” [8]
The first is the agent-objective conception, which is “exemplified by […] agency that goes above in degree and beyond in type the [suffering] allowed by applicable norms.” [8] Under this conception, the victim suffered cruelty in light of “the objective character of the act or treatment” she was subjected to. Cruelty, in this sense, is defined as an “inclination of the mind toward the side of harshness”. [8] Any punishment or other treatment that surpasses the scope of sufficiency and ventures into possibility is classified as excessive, and therefore, cruel.
The second conception is agent-subjective, in which “cruelty obtains only when the agent's deviant behavior is accompanied by the fault of character consisting in deriving personal delight from causing and witnessing suffering”. [8] This conception is best understood under the presumption that punishment or other violence is a means to restore the offset in the cosmic order of the universe caused by wrongdoing. Anything that goes beyond what is necessary for this restoration, then, is cruel; the peace and harmony is not balanced with excessive punishment or violence—the scale of wrongdoing merely tips to the other side. For example, the Eighth Amendment of the U.S. Constitution prohibits cruel and unusual punishment, which means that we must “inquire into a prison official’s state of mind […]” when determining that the agent is not taking pleasure in inflicting pain and that punishment does not exceed the crime. [8]
The third conception is victim-subjective, in which the “element of cruelty rests in the victim's intense experience of suffering”. [8] Here, the pain or the sense of degradation and humiliation experienced particularly and uniquely by the victim is considered. Recognizing cruelty, then, requires reference to our compassion rather than some normative standard of reasonableness. Continuing with the example of punishment, the state’s intention is not relevant in determining whether a punishment is cruel. According to the law, “ill-treatment must attain a minimum level of severity”, and this minimum is determined by “all the circumstances of the case, such as the duration of the treatment, its physical or mental effects and, in some cases, the sex, age, and state of health of the victim, etc.” [8]
The fourth and final conception is the accumulation of all the prior conceptions: the victim-objective and agent-independent. This conception “refers to severe violations of the respect, recognition, and care that the unconditional and inherent dignity of each and every individual command”. [8] Under this view, “cruelty occurs when a grave violation of human dignity that in normal circumstances would amount to cruelty is caused by individuals or by the operation of impersonal institutions, structures or social processes, even if the victim is unaware of his predicament”. [8]
Beyond serving as an analytical framework, these four conceptions—the distinctive features of each as well as their collective evolution—reflect the reality that “the phenomenon of cruelty […] is a human-made problem that calls for preventive and corrective responses”. [8]
One criticism of the concept of cruelty suggests that it conflates disregard for others with hurting others for its own sake, arguing that the two are mutually exclusive: total disregard for what another being feels (be it a human or non-human) would be incompatible with deriving pleasure from hurting that being for its own sake, since caring about inflicting suffering would be incompatible with not caring. [9]
George Eliot, in the short story "Janet's Repentance" from Scenes of Clerical Life , stated that "cruelty, like every other vice, requires no motive outside itself — it only requires opportunity." [10] Philosopher Bertrand Russell argued that almost all marriage customs involve cruelty towards those who do not follow them, meaning there was no rational basis for condemning one custom or another as sinful; he concluded that "the cruelty habitually practised in punishing it is unnecessary...the infliction of cruelty with a good conscience is a delight to moralists. That is why they invented hell." [11] Gilbert K. Chesterton stated that "cruelty is, perhaps, the worst kind of sin. Intellectual cruelty is certainly the worst kind of cruelty." [12]
An assault is the illegal act of causing physical harm or unwanted physical contact to another person, or, in some legal definitions, the threat or attempt to do so. It is both a crime and a tort and, therefore, may result in criminal prosecution, civil liability, or both. Additionally, assault is a criminal act in which a person intentionally causes fear of physical harm or offensive contact to another person. Assault can be committed with or without a weapon and can range from physical violence to threats of violence. Assault is frequently referred to as an attempt to commit battery, which is the deliberate use of physical force against another person. The deliberate inflicting of fear, apprehension, or terror is another definition of assault that can be found in several legal systems. Depending on the severity of the offense, assault may result in a fine, imprisonment, or even death.
In ordinary language, a crime is an unlawful act punishable by a state or other authority. The term crime does not, in modern criminal law, have any simple and universally accepted definition, though statutory definitions have been provided for certain purposes. The most popular view is that crime is a category created by law; in other words, something is a crime if declared as such by the relevant and applicable law. One proposed definition is that a crime or offence is an act harmful not only to some individual but also to a community, society, or the state. Such acts are forbidden and punishable by law.
Torture is the deliberate infliction of severe pain or suffering on a person for reasons such as punishment, extracting a confession, interrogation for information, or intimidating third parties. Some definitions are restricted to acts carried out by the state, but others include non-state organizations.
A corporal punishment or a physical punishment is a punishment which is intended to cause physical pain to a person. When it is inflicted on minors, especially in home and school settings, its methods may include spanking or paddling. When it is inflicted on adults, it may be inflicted on prisoners and slaves.
Punishment, commonly, is the imposition of an undesirable or unpleasant outcome upon a group or individual, meted out by an authority—in contexts ranging from child discipline to criminal law—as a response and deterrent to a particular action or behavior that is deemed undesirable or unacceptable. It is, however, possible to distinguish between various different understandings of what punishment is.
Suffering, or pain in a broad sense, may be an experience of unpleasantness or aversion, possibly associated with the perception of harm or threat of harm in an individual. Suffering is the basic element that makes up the negative valence of affective phenomena. The opposite of suffering is pleasure or happiness.
The Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment is an international human rights treaty under the review of the United Nations that aims to prevent torture and other acts of cruel, inhuman, or degrading treatment or punishment around the world.
Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisdiction, but typically includes punishments that are arbitrary, unnecessary, or overly severe compared to the crime.
Cruelty to animals, also called animal abuse, animal neglect or animal cruelty, is the infliction by omission (neglect) or by commission by humans of suffering or harm upon non-human animals. More narrowly, it can be the causing of harm or suffering for specific achievements, such as killing animals for entertainment; cruelty to animals sometimes encompasses inflicting harm or suffering as an end in itself, referred to as zoosadism.
R v Brown[1993] UKHL 19, [1994] 1 AC 212 is a House of Lords judgment which re-affirmed the conviction of five men for their involvement in consensual unusually severe sadomasochistic sexual acts over a 10-year period. They were convicted of a count of unlawful and malicious wounding and a count of assault occasioning actual bodily harm. The key issue facing the Court was whether consent was a valid defence to assault in these circumstances, to which the Court answered in the negative. The acts involved included the nailing of a part of the body to a board, but not so as to necessitate, strictly, medical treatment.
An illegal sport is any sport that is illegal in one or more jurisdictions due to the violent or dangerous nature of the sport. Well-known illegal sports, such as cockfighting and dogfighting, are barred on the basis of animal abuse.
In criminology, public-order crime is defined by Siegel (2004) as "crime which involves acts that interfere with the operations of society and the ability of people to function efficiently", i.e., it is behaviour that has been labelled criminal because it is contrary to shared norms, social values, and customs. Robertson (1989:123) maintains a crime is nothing more than "an act that contravenes a law". Generally speaking, deviancy is criminalized when it is too disruptive and has proved uncontrollable through informal sanctions.
Psychological torture or mental torture is a type of torture that relies primarily on psychological effects, and only secondarily on any physical harm inflicted. Although not all psychological torture involves the use of physical violence, there is a continuum between psychological torture and physical torture. The two are often used in conjunction with one another and often overlap in practice, with the fear and pain induced by physical torture often resulting in long-term psychological effects, and many forms of psychological torture involving some form of pain or coercion.
There are cases, both documented and alleged, that involve the usage of torture by members of the United States government, military, law enforcement agencies, intelligence agencies, health care services, and other public organizations both in and out of the country.
A threat is a communication of intent to inflict harm or loss on another person. Intimidation is a tactic used between conflicting parties to make the other timid or psychologically insecure for coercion or control. The act of intimidation for coercion is considered as a threat.
Article 3 of the European Convention on Human Rights prohibits torture, and "inhuman or degrading treatment or punishment".
Article 3 – Prohibition of torture
No one shall be subjected to torture or to inhuman or degrading treatment or punishment.
The Cinematograph Films (Animals) Act 1937 is an Act of the Parliament of the United Kingdom. It defines a criminal offence of distributing or exhibiting a film that was "organised or directed in such a way as to involve the cruel infliction of pain or terror on any animal or the cruel goading of any animal to fury" - in other words, one in which actual cruelty to animals was photographed and/or occurred during the production.
Sexual sadism disorder is the condition of experiencing sexual arousal in response to the involuntary extreme pain, suffering or humiliation of others. Several other terms have been used to describe the condition, and the condition may overlap with other conditions that involve inflicting pain. It is distinct from situations in which consenting individuals use mild or simulated pain or humiliation for sexual excitement. The words sadism and sadist are derived from the French writer and libertine Marquis de Sade, who wrote several novels depicting sexualized torture and violence.
The prohibition of torture is a peremptory norm in public international law—meaning that it is forbidden under all circumstances—as well as being forbidden by international treaties such as the United Nations Convention Against Torture.
Torture is generally defined as deliberately inflicting "severe pain or suffering" on a prisoner, but exactly what this means in practice is disputed.
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