SenorToenails
Veritas et Scientia
+444|6415|North Tonawanda, NY

Turquoise wrote:

SenorToenails wrote:

Turquoise wrote:

To a degree, yes.  But then again, we might as well call the justice system the vengeance system, because in practice, it functions this way far more often.

Justice is an idealistic concept that is hard to quantify and even harder to really administer.  Vengeance is generally the best that most societies accomplish.
Justice is based on something more than just 'you did X, you get X'.  Vengeance is exactly that, and it's obtainable because it's the easy way.  It's also inhumane.  And then there is the possibility of wrongful conviction...because then you've just maimed the wrong guy.  What happens then?  Where is his vengeance?
No argument here.  I would agree that capital punishment has unfortunately killed the wrong people sometimes.  There is a very high profile case of this being investigated in Texas.

So yes, "an eye for an eye" certainly has drawbacks as a mode of punishment, although I would suggest this is not because of any moral reasons.  Wrongful convictions are the result of a flawed investigation.  So, for that reason, I believe the harshest punishments should be limited to very heinous cases.  If the punishment for paralyzing someone in a fight is paralysis, then the defendant should be given a few attempts at appeals before suffering paraylsis himself.

However, if someone is clearly responsible for this injury upon someone in a context where there was an attempt at making the victim suffer permanent damage or an attempted murder, then I believe the punishment of paralysis is fully justified.

If this man truly did act with malice toward the victim in a senseless and murderous display of violence, then I believe it really is justice to paralyze him in return.  Sometimes, I believe vengeance and justice are one and the same, but then again, my ethics are very utilitarian.
The finality of it all is what bothers me.  You say 'clearly responsible', but people who were 'clearly responsible' in the past have been wrongfully convicted.  It's not right, especially when you admit that the root of wrongful convictions are caused by flawed investigations--all parties to this are human and thus prone to error.  For that reason, I would think it best to not become the very thing you are punishing because the state can be wrong...and it can't undo its actions any more than the people involved in the crime can.

This is nothing wrong with utilitarian ethics--as long as you recognize the shortcomings.
SenorToenails
Veritas et Scientia
+444|6415|North Tonawanda, NY

JohnG@lt wrote:

The Western system of 'justice' is entirely a misnomer. I don't remember the last time a judge patted someone on the back and told them how wonderful of a human being they were and handed them a reward. See, in a true justice system, the good would be rewarded and the bad would be punished.

What we have is a nicely, but incorrectly, named system of organized vengeance. Nothing more.

This is why I get the lolz when bleeding hearts wonder why their efforts to soften the system do nothing but encourage more bad behavior. They're rewarding the wrong people because they have the mistaken belief that it really is a system of justice.
Why would anyone need a pat on the back for not breaking the basic social covenant?  Regardless, this is not a binary situation--there really ought to be a balance between pure vengeance and your idea of what a true justice system would be.

The current system is fucked.  Why do prisoners get cable?  I don't even have cable!  Put the prisoners to work doing manual labor.  It worked for Rambo, didn't it? 
Beduin
Compensation of Reactive Power in the grid
+510|6035|شمال
Pardon by victim’s father saves Saudi from gallows
The drunk man had jumped the light and killed a motorist

A Saudi court annulled a death sentence against a drunk driver who had jumped the light and killed another Saudi after he was pardoned by the victim’s father, a newspaper reported on Wednesday.

The defendant was accused of drunk driving and speeding after he jumped the light in Jeddah and rammed into a parked car, killing its driver, Okaz reported.

An initial court sentenced him to 80 lashes and ordered him to pay blood money but an appeal court found him guilty of homicide and sentenced him to death.

The man has spent nearly two years in jail waiting for the death verdict to be executed before the court abolished the sentence this week.

“The court decided to reduce the sentence to lashing and payment of blood money after the victim’s father retracted his demand to execute the killer of his son to mark the holy month of Ramadan. The court will reconvene after Eid Al Fitr for the necessary procedures,” the paper said.

Source
الشعب يريد اسقاط النظام
...show me the schematic
Jay
Bork! Bork! Bork!
+2,006|5643|London, England

SenorToenails wrote:

JohnG@lt wrote:

The Western system of 'justice' is entirely a misnomer. I don't remember the last time a judge patted someone on the back and told them how wonderful of a human being they were and handed them a reward. See, in a true justice system, the good would be rewarded and the bad would be punished.

What we have is a nicely, but incorrectly, named system of organized vengeance. Nothing more.

This is why I get the lolz when bleeding hearts wonder why their efforts to soften the system do nothing but encourage more bad behavior. They're rewarding the wrong people because they have the mistaken belief that it really is a system of justice.
Why would anyone need a pat on the back for not breaking the basic social covenant?  Regardless, this is not a binary situation--there really ought to be a balance between pure vengeance and your idea of what a true justice system would be.

The current system is fucked.  Why do prisoners get cable?  I don't even have cable!  Put the prisoners to work doing manual labor.  It worked for Rambo, didn't it? 
Oh, I don't. I was just trying to point out the foolishness of the belief that what we have really is a justice system. It's a vengeance/punishment system and nothing more. People get worked up about trying to soften it because they have the misplaced belief that it is somehow tied to social justice. A justice system would reward the good and punish the bad. What we have is a system that simply punishes the bad. Ergo, it doesn't fit the definition of a justice system. Make sense? I think the current setup is fine, if too weak on punishment.
"Ah, you miserable creatures! You who think that you are so great! You who judge humanity to be so small! You who wish to reform everything! Why don't you reform yourselves? That task would be sufficient enough."
-Frederick Bastiat
Turquoise
O Canada
+1,596|6690|North Carolina

SenorToenails wrote:

Turquoise wrote:

SenorToenails wrote:


Justice is based on something more than just 'you did X, you get X'.  Vengeance is exactly that, and it's obtainable because it's the easy way.  It's also inhumane.  And then there is the possibility of wrongful conviction...because then you've just maimed the wrong guy.  What happens then?  Where is his vengeance?
No argument here.  I would agree that capital punishment has unfortunately killed the wrong people sometimes.  There is a very high profile case of this being investigated in Texas.

So yes, "an eye for an eye" certainly has drawbacks as a mode of punishment, although I would suggest this is not because of any moral reasons.  Wrongful convictions are the result of a flawed investigation.  So, for that reason, I believe the harshest punishments should be limited to very heinous cases.  If the punishment for paralyzing someone in a fight is paralysis, then the defendant should be given a few attempts at appeals before suffering paraylsis himself.

However, if someone is clearly responsible for this injury upon someone in a context where there was an attempt at making the victim suffer permanent damage or an attempted murder, then I believe the punishment of paralysis is fully justified.

If this man truly did act with malice toward the victim in a senseless and murderous display of violence, then I believe it really is justice to paralyze him in return.  Sometimes, I believe vengeance and justice are one and the same, but then again, my ethics are very utilitarian.
The finality of it all is what bothers me.  You say 'clearly responsible', but people who were 'clearly responsible' in the past have been wrongfully convicted.  It's not right, especially when you admit that the root of wrongful convictions are caused by flawed investigations--all parties to this are human and thus prone to error.  For that reason, I would think it best to not become the very thing you are punishing because the state can be wrong...and it can't undo its actions any more than the people involved in the crime can.

This is nothing wrong with utilitarian ethics--as long as you recognize the shortcomings.
Definitely.  I know what you're saying.  I go back and forth with this issue, because so much of it seems situational.
SenorToenails
Veritas et Scientia
+444|6415|North Tonawanda, NY

JohnG@lt wrote:

Oh, I don't. I was just trying to point out the foolishness of the belief that what we have really is a justice system. It's a vengeance/punishment system and nothing more. People get worked up about trying to soften it because they have the misplaced belief that it is somehow tied to social justice. A justice system would reward the good and punish the bad. What we have is a system that simply punishes the bad. Ergo, it doesn't fit the definition of a justice system. Make sense? I think the current setup is fine, if too weak on punishment.
I am unfamiliar with the idea that a justice system would need to 'reward' those that do not break the social contract.  That sounds like it would be mixed with a socio-economic system ('from each according to his ability...').  Regardless, what if you imagined this as a method of justice, since it does impose fairness:

Each person gets the same basic potential, and any that commits an act to impede the potential of another person would need to restore balance by making restitution to whoever was wronged and to society in general.  If everyone is fair, why does everyone need to be 'rewarded'?  Their potential was not harmed by anyone, and balance is maintained.  No need for rewards.  If someone is wronged, the 'scales' are tipped, and the wrongdoer must remedy that situation with the person wronged or with society.  Of course, this is an ideal system where people would give a shit about what they are doing to others (haha, right?).  This doesn't sound too dissimilar to what the idea is behind the system in the US (except for the whole victimless crime thing, but that's another debate entirely).  This is (probably obviously) not my strongest area of debate, but since it came up I thought I'd chime in. 

On morals alone, I do think it's wrong to intentionally maim people convicted of crimes, and I don't think that makes me a 'bleeding heart' or 'foolish' (to use your words...).  There is a certain finality to those actions that make the state no better than the criminal and makes mistakes awfully permanent.  That is why I'm not supportive of the death penalty or punishment like that of the OP.

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