the earliest form of justice was "eye for an eye" --> From there, it was noticed that the first person who lost that eye gained nothing when the criminal's eye

the earliest form of justice was "eye for an eye" --> From there, it was noticed that the first person who lost that eye gained nothing when the criminal's eye was taken. From there on it progressed to some variation of "pay for the eye or for the opportunity cost", in which the criminal had to barter his resources ( existing property, strength, time, etc ) to compensate the victim. This is the justice described in those voluminous biblical or other laws. From there on, those criminals who were unable to compensate ( too poor, or cost too high ) were deprived of something till they were able to or forced to compensate. This started the concept of 'debtors prisons' Now, when the concept of compensating the victim ( individual / society / government ) has been removed, this very act of putting a criminal in prison is itself a crime.