Law in Contemporary Society

View   r8  >  r7  ...
LeylaHadiSecondPaper 8 - 16 Jul 2013 - Main.LeylaHadi
Line: 1 to 1
 
META TOPICPARENT name="SecondPaper"

Cages

-- By LeylaHadi - 08 Apr 2013

Changed:
<
<

Deterrence

>
>

Deterrence

 There is a running theme this semester, it seems, that is, the purpose of the law. But that is too broad a concept; the purpose of a law depends on the particular law. For example, I suppose the law against operating a vehicle while under the influence exists to establish that the state officially condemns the act, in hopes of preventing drunk driving. But a part of this law is the punishment, the axe that compels us to adhere to the rule. What is the purpose of this punishment for this law? To deter others from driving under the influence? As a form of retribution to the particular driver? But retribution for what exactly? What real evil has the drunk driver committed when he's tailed and stopped by a police officer? He drank and drove, which doesn't necessarily show that he is evil or in need of retribution. Is it, then, to prevent a possible harm from occurring if he is allowed to continue drinking and driving? Well, no, because a police officer need only put him in the back of his car and take him home.

Revision 8r8 - 16 Jul 2013 - 12:07:54 - LeylaHadi
Revision 7r7 - 16 Jul 2013 - 01:24:43 - LeylaHadi
This site is powered by the TWiki collaboration platform.
All material on this collaboration platform is the property of the contributing authors.
All material marked as authored by Eben Moglen is available under the license terms CC-BY-SA version 4.
Syndicate this site RSSATOM