December 6th, 2008

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12:17 pm - Run Juice, Run!!!!

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Run Juice, Run!!!! - graffiti.maverick — LiveJournal

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[User Picture]From: chrismaverick Date: December 6th, 2008 - 09:40 pm (Link)
not exactly.

actually, your mincing semantics and legality. But for the record the justice system is the american court system and the legal system is the set of rules that governs it. It's not about karmic or biblical justice. The modern justice system is based around a concept of discipline for misdeeds rather than punishment for those deeds. Hence the abolishment of torture in most modern social systems.1.

Under your logic, what OJ was trying to do in this particular circumstance was in fact to enact "fairness." He was attempting to recover goods previously stolen from him. Neither defense not prosecution really dispute that. But frontier justice has long since been abolished in this country and most society, and I don't support OJ's method of vigilantism anymore than I support Goldman's.

However, incarceration isn't meant to bring retribution style justice. It's meant as a form of discipline justice, as the modern system supports. Sentencing is intended to be a deterrent to the commission of future crimes (by the actor and especially by others) rather than satisfaction for the victims. This is a subtle difference that most people don't actually understand.

That said, it can only work, if the system is fair. The first principle of justice:

First: each person is to have an equal right to the most extensive scheme of equal basic liberties compatible with a similar scheme of liberties for others.2

Justice cannot be random, because then it does not serve as a proper deterrent. In order for it to work, the criminal must believe that consistent punishment must exist despite the actor and that the action reaction to the initial infraction must be fair. Without logical consistency on the most base and simple levels of the system, it does not serve it's intended purposes.

1. Discipline & Punish: The Birth of the Prison, Foucault, Michel. 1975
2. A Theory of Justice, Rawls, John. 1971
From: brotherless_one Date: December 6th, 2008 - 11:08 pm (Link)

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