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An Eye for an Eye

On a recent blog our of our community asked about the concept of an eye for an eye for criminals.

An eye for an eye will make the whole world blind --Gandhi.

An eye for an eye justice comes from the law code of Hammurabi, and was itself a legal reform, replacing mandatory death penalties for most offenses.  However, it is punitive draconian justice, and when the innocent is accused and convicted, the results can be horrific.  For example, if a builder constructs a house and it collapses and kills the inhabitant's son, the builder's son is also killed!  This is not the system we ought to aspire to.

It may appear satisfying to kill killers, rape rapists, and steal from thieves.  There must be such a comforting release of negative energy when these things happen, catharsis, if you will, that it is a tempting perspective.  But if we do these things, we become no better than the people who do these deeds to others.  After all, we condemn these acts because of their heinous nature in the first place.  If we engage in the same behavior, we lose all authority to regulate it, as we become the killers, rapists, and thieves ourselves. 

I would strongly encourage a civilized view when it comes to justice.  We left barbarian ways behind millenia ago for good reason!

I believe we will be/are judged by how we treat the least people in our society.  This means the worst of the worst have to be treated better than they did their victims. Not as satisfying (for some), but righteous nonetheless and a noble protection for the innocent.

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Topics: justice
posted by middlepathII on Tuesday, September 15, 2009 at 01:30 PM
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posted by witbee on Sep 15, 2009 at 01:42 PM

You kill murderers, lock up rapists with the same sex and and deprive thieves of their earning potential. Eye for an eye went out with the Olde. However, punishment and justice are always in vogue.

posted by middlepathII on Sep 15, 2009 at 01:48 PM

Yes, Witbee, I agree the guilty must needs be punished, but how much and for how long?  After that, then what?

Every civilization answers these questions in its own way and I propose we look especially hard at the third part, for we release too many a man into our society where he can falter again and create more victims because of our unenlightened philosophy on crime and punishment. 

Our system of public safety must do more to ensure safety and that means punishing the felon, then reintegrating him in a manner which facilitates his reform.

posted by CatherineBaker on Sep 15, 2009 at 01:56 PM

In other words, killing killers and abusing abusers is fun to think about (fun for the whole family, and healthy too, so I've read) but not so good to actually do.  I getcha. 

There are a lot of things in this world that are fun to think about, not so great to actually do.  Touching other people when you're married would be one.  Buying something that you can't really afford would be another.  While it's fun to think about burning rubber up and down your ex-girlfriend's street at 2:00 in the morning, it's probably not a good thing to actually do.  Leaving work early for a purported doctor's appointment but an actual bender at Alley Cat's may be fun to think about, but stupid to do.  Keying the car that, by your account, parked too close to your own car may be a fun daydream, but not so good to do.

Ahhh--if only the average joe and jane exhibited the same self-control as that of our justice system, our justice system would probably not be overloaded right now.

posted by learnem on Sep 15, 2009 at 01:56 PM

so...do you consider the current justice system to be "civilized"

I dont think "civlized" meant that the victim must pay, through taxes, for the criminal to subside in jail.  that, to me, is uncivilized.   I also find it uncivilized that it cost taxpayers billions of dollars a year to support these criminals.  what kind of punishment is that? 

 

it isnt.

i would personally like it to be hammurabian moreso than it is today.  I know for a fact it would cut down on the number of criminals, drastically

 

posted by middlepathII on Sep 15, 2009 at 02:04 PM

Well Lernem, it would increase the criminals, because each who espouses such methods becomes criminal himself.  I know it's a very abstract concept, but one that must be understood.

I once had valuable property stolen--never recovered.  My taxes then went to support that person in jail.  I wasn't thrilled, but I would have hated to see him suffer the death penalty or for his family to endure substantial loss for my sake, even though I was the victim.  Yet, that's the proposal that is insinuated when it is mentioned that taxpayers support inmates as though it were a terrible thing.

Our society is rife with imperfections, and will always be so, but in the end, it's about doing better to the least in our society and thereby ourselves. 

One last thing...the net of justice has the uncanniest way of catching its weavers...

http://www.katsandogz.com/o...

posted by learnem on Sep 15, 2009 at 02:20 PM

Our society is rife with imperfections,

 

some can be fixed.  there are those that I believe don't belong in a personally responsible society.  I believe that open conceal and carry for every non criminal citizen as a right would deminish the amount of crime we have now a days.

I dont see a problem shooting someone for attempting to break into your car, house, commit violence against you or a family member, family pet, friend...nor for stealing either. 

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