why does game theory give us a different answer than rendering to him what is his due?
Because optimal punishment involves the marginal benefits and costs of each level of deterrence, including detection/prosecution costs. This is the subject of the field of "Law & Economics".
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I'm more interested in justice and appropriate punishment for crimes than "deterrence" per se. Does a victim care if a crime is deterred if their oppressor is inadequately punished? This is a subject of the field of "Law & Retributive Justice"
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I think the purpose of justice should be to decrease suffering, rather than to increase it.
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i would assume that it lessens the suffering of at least some rape victims to know their rapists are no longer enjoying life among the living.
End of conversation
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