I’ve heard it said that “eye for an eye...” was not a call to vengeance (“be harsh!”), but rather a call to proportionality (“whoa! slow your roll!”). Humans are weird. Take an act that would turn most stomachs, but do it to a guy who “deserves” it. Now it’s something we ENJOY.
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Replying to @jordanthelawyer @FormerlyFormer and
It's also important to read that chapter in context. Having read it recently with my wife, what most jumped out is that it is a specific call for _justice_. You can't avoid giving the appropriate punishment because of "extenuating circumstances."
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Replying to @wraithburn @jordanthelawyer and
If a poor person beats and robs someone, you don't get to brush it off as "oh they needed it". You don't get to excuse people.
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Replying to @wraithburn @FormerlyFormer and
Comparing ancient Jewish law to American law is tough. Remedies for any offense but murder were what we’d recognize as civil in nature—recompense. I’m entitled to be made whole. Period. Modern punishment is different. It’s because you offended the State. Now motive & mercy matter
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Replying to @jordanthelawyer @wraithburn and
I’m of the mind that we could use more recompense in our justice system - though hard to implement. More good would likely come of having to mop the floors and stock the shelves of that quickie mart you stole from for 6 months, than 6 months in jail.
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Replying to @FormerlyFormer @wraithburn and
Harder than it looks. People usually steal because they can’t afford to pay (or pay back). Also, this’d quickly become public subsidy of Walmart w/ free labor for their stores. (That’s how we got community svc, but it’s too disconnected from the offense to actually be impactful.)
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Replying to @jordanthelawyer @wraithburn and
Yes - why I caveated with difficult to implement. At least on any large scale.
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Replying to @FormerlyFormer @wraithburn and
I think we should be more open to doing it in cases where it’s appropriate (the Mom & Pop shoplifter you mentioned). But the only thing we can be sure of is that getting too granular in one place will lead to some as-yet-unknown horror elsewhere.
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Replying to @jordanthelawyer @FormerlyFormer and
the problem with restitution is incentives 1) heads the criminal wins, tails, they break even - incentivizes stealing 2) bc victim gets money, incentivizies false reports
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Replying to @MorlockP @jordanthelawyer and2 replies 0 retweets 1 like
also recommended: https://www.amazon.com/Laws-Order-What-Economics-Matters/dp/0691090092 …
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