I. Hart refers to pain or other unpleasant circumstances. Other writers refer to suffering and deprivation. We use pain as a shorthand term to incorporate references to all these terms. See H.L.A. HART, PUNISHMENT AND RESPONSIBILITY 4-5 (1968). 2. It may be objected that, because many wrongful acts constitute both torts and crimes, the consequences of failure to justify the distinction are not serious. This objection is unfounded because society must justify treating those acts as both torts and crimes. If the offender is liable to pay compensation, and compensation is a morally sufficient response to a given form of conduct, then how is the additional burden of punishment to be justified? 3.

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