Law in Contemporary Society

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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

Revision 12r12 - 02 Mar 2010 - 04:51:10 - GloverWright
Revision 11r11 - 02 Mar 2010 - 04:38:58 - DRussellKraft
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