Good post. One of my problems is that while revenge might be an acceptable motivation to some, very few people have the balls to describe it as such. People want to downplay that aspect with terms like justice or closure. There's a lot of hypocrisy in capital punishment.
Thank you. That's how I see it, as well, but I'd like to add that those who do not believe in punishment should be free not to pursue it. I just don't understand what the motive for life imprisonment is if not punishment. Is it simply to keep dangerous people away from society? If that's the case, then guilt need not be a factor at all; but no one would advocate throwing someone in prison for having a proven "dangerous" psychological condition.
If punishment is to function as a deterrent, then ought we refuse to punish at all unless we are sure it will deter crime?
The fact is, the "guilt" status actually changes one's standing in the justice system. And it seems as though most people don't actually have a problem with that.
Punishment in general is an outdated foundation for any modern justice system IMO.
Mind explaining why?
And "outdated" really says nothing about whether it is right or wrong. I may concede the point that it is outdated, but disagree that it is wrong.
This is very good news. Justice should be about removal of harm, not satisfying blood needs.
I missed this early on.
When someone steals something, demanding that they return the stolen item or, in absence of specific performance, pay for what they stole, can be considered just, right? The victim is probably entitled to a little extra as well for any harm suffered in the process--certain items may have more than a base monetary value.
This simply can't be done in the case of a murder or rape. The degree of harm inflicted on the victim is incommensurable, and there is no means of returning what has been stolen. "Removing harm" simply isn't an option. We might demand some monetary value in return (and I think that should be an option), but would it ever be enough? In these sorts of cases, what repayment can be offered
except punishment of some kind? Indeed,
any form of repayment would be viewed as punishment,
because specific performance or something equivalent to it is impossible.
Should our justice system demand proportional compensation for the stolen or broken china, but no such proportional compensation for the murder of another human being? Now, I have already stated that I think completely proportional compensation is impractical in such cases, but to remove punishment from the justice system entirely would mean that
no compensation could be offered at all. The victim would have had something taken from them, while the aggressor would be subject to...well...self-improvement at worst. That is not "justice." I think philosopher John Locke said it best:
If the innocent honest man must quietly quit all he has for peace sake to him who will lay violent hands upon it, I desire it may be considered what kind of a peace there will be in the world which consists only in violence and rapine, and which is to be maintained only for the benefit of robbers and oppressors.