Law in Contemporary Society

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DRussellKraftFirstPaper 15 - 03 Mar 2010 - Main.DRussellKraft
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Just Punishment?

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  • Actually, Eben's comments about how Arnold would point out that we might have no conscious clue what we're doing made me think harder about that today...which gets to my first comment on my own paper, which is that I might actually be removing those parts in an edit. Sorry for the cop-out, but I'm not sure I'm willing to stand behind those lines. -- DRussellKraft - 03 Mar 2010
 
  • Hi, Derek-- here are two thoughts: (1) I would've liked to hear more about the significance of us being part of the aristocratic class and having control over the system; (2) You seem to assume in your conclusion that people in the aristocratic class are long-run oriented: the aristocratic class is motivated to make x and y changes to the justice system, because in doing so they increase their future wealth. I thought greed kept the aristocratic class thinking short-run, though... Wouldn't they want to maintain the status quo? -- KalliopeKefallinos - 03 Mar 2010
  • I'm playing off your second definition, and thinking about how a community, implicated in the wrong/sinful acts of one of its members, might seek to absolve itself of guilt and thereby make itself righteous before God -- and how such absolution might obtain in a secularized world. This article gets at the basic idea: http://www.jstor.org/stable/2713065?seq=4 -- GloverWright - 02 Mar 2010
  • How do you mean, Glover? -- DRussellKraft - 02 Mar 2010

DRussellKraftFirstPaper 14 - 03 Mar 2010 - Main.KalliopeKefallinos
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Just Punishment?

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  • Hi, Derek-- here are two thoughts: (1) I would've liked to hear more about the significance of us being part of the aristocratic class and having control over the system; (2) You seem to assume in your conclusion that people in the aristocratic class are long-run oriented: the aristocratic class is motivated to make x and y changes to the justice system, because in doing so they increase their future wealth. I thought greed kept the aristocratic class thinking short-run, though... Wouldn't they want to maintain the status quo? -- KalliopeKefallinos - 03 Mar 2010
 
  • I'm playing off your second definition, and thinking about how a community, implicated in the wrong/sinful acts of one of its members, might seek to absolve itself of guilt and thereby make itself righteous before God -- and how such absolution might obtain in a secularized world. This article gets at the basic idea: http://www.jstor.org/stable/2713065?seq=4 -- GloverWright - 02 Mar 2010
  • How do you mean, Glover? -- DRussellKraft - 02 Mar 2010
  • I wonder if there might also be a broader cultural point to make about theological justification? -- GloverWright - 02 Mar 2010

DRussellKraftFirstPaper 13 - 03 Mar 2010 - Main.StephenSevero
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Just Punishment?

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  • My concern isn't so much with thinking both thoughts, but more about making both explicit. The space limitation makes it difficult, but I think a simple sentence might help clarify the point. Maybe something along the lines "While it restricts the vengeance of the harmed, it also justifies, even requires, a certain state response." I agree with your reference to the bible, and I think a link would help support the point. There's a lot you could use, but I think Deuteronomy 19 would work nicely. -- StephenSevero - 28 Feb 2010
    • I've tossed in a link as you suggest, but I think my first sentence under Kant says essentially that, no? Maybe I'm just unclear (/unable to get quite outside of my own writing yet), and something better might still come to me. -- DRussellKraft - 28 Feb 2010
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  • I see what you're saying. I think the idea is contained partially in each statement; it might help reinforcement to say it in each statement. In your parenthetical exegesis of justification for third party action, maybe add in requires. For your Kant paragraph, perhaps adding in "a measured" or even "determinate" before "punishment" to bring the second sentence into the first. Also, I'm not sure if you can work this in, but I just realized that in "limiting crime", the personal vendetta is also a crime to be limited. Not that the idea is novel, but that it would even come to be as a realization and not be blatantly obvious - seems related to Glover's point about punishing someone else to make us righteous. -- StephenSevero - 2 Mar 2010
 
  • I also realize now that my conclusion sounds mighty flippant, and that there are much better reasons to suggest what I suggest. Starting from a modified premise might help the next revision of this. -- DRussellKraft - 28 Feb 2010


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DRussellKraftFirstPaper 12 - 02 Mar 2010 - Main.GloverWright
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Just Punishment?

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  • I'm playing off your second definition, and thinking about how a community, implicated in the wrong/sinful acts of one of its members, might seek to absolve itself of guilt and thereby make itself righteous before God -- and how such absolution might obtain in a secularized world. This article gets at the basic idea: http://www.jstor.org/stable/2713065?seq=4 -- GloverWright - 02 Mar 2010
 
  • How do you mean, Glover? -- DRussellKraft - 02 Mar 2010
  • I wonder if there might also be a broader cultural point to make about theological justification? -- GloverWright - 02 Mar 2010
  • Your paragraph on retributivism seems to suggest it makes our punishments harsher. From my, admittedly cynical, viewpoint - it's really a limiting factor. From what I've read, Lex Talionis and its variations were a way to say 'You can't kill for this, you can only inflict so much harm.' When we used to kill, now we only jail. It does give moral justification for the harm, but it also attempts to reign in our baser instinct to just kill anyone who fucks with us. Maybe that's your point too, but the paragraph seems to be riding the middle. -- StephenSevero - 28 Feb 2010

DRussellKraftFirstPaper 11 - 02 Mar 2010 - Main.DRussellKraft
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Just Punishment?

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  • I wonder if there might also be a broader cultural point to make about theological justification? -- GloverWright - 02 Mar 2010
  • Your paragraph on retributivism seems to suggest it makes our punishments harsher. From my, admittedly cynical, viewpoint - it's really a limiting factor. From what I've read, Lex Talionis and its variations were a way to say 'You can't kill for this, you can only inflict so much harm.' When we used to kill, now we only jail. It does give moral justification for the harm, but it also attempts to reign in our baser instinct to just kill anyone who fucks with us. Maybe that's your point too, but the paragraph seems to be riding the middle. -- StephenSevero - 28 Feb 2010
    • Stephen - What I'm trying to say is exactly what you suggest: Retributivism certainly has a built-in limiter in the requirement for guilt. To address your criticism, I'm not sure how to get that point as well as the Retributivism's justification of the infliction of suffering by outsiders without some amount of "riding the middle." Do you have suggestions on how I could make it more clear? Cheers. -- DRussellKraft - 28 Feb 2010

Revision 15r15 - 03 Mar 2010 - 04:30:33 - DRussellKraft
Revision 14r14 - 03 Mar 2010 - 03:44:16 - KalliopeKefallinos
Revision 13r13 - 03 Mar 2010 - 00:50:07 - StephenSevero
Revision 12r12 - 02 Mar 2010 - 04:51:10 - GloverWright
Revision 11r11 - 02 Mar 2010 - 04:38:58 - DRussellKraft
Revision 10r10 - 02 Mar 2010 - 04:34:06 - GloverWright
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