Do we punish those who have broken the law for what they've done or for the very fact that they've broken the law?
For instance : If cannibis were legalized, would there be an amnesty and pardon for all those who had broken anti-cannibis laws?
If so, then we were punishing their use of cannibis because we believed that use to be wrong.
If not, then we are punishing the fact that they broke a rule which we believe to be right, even though they knew it was wrong.
Which view does today's legal system represent? Are there social dangers inherent in that viewpoint?
Let me know what you think, I'll post the most intelligent answers that I get.
TOP RESPONSE :
n/a
RESPONSES :
NAME: Attila
Comments: I think we should judge ourselves, because we get punished by our unluckiness anyway.
NAME: Chris
Comments: Any civilised democratic society is based on rules, therefore the role of a citizen within that society is to obey. However, what a democratic society decides is morally wrong, cannot and will not be static, therefore it is impossible to punish criminals on that basis. Criminals are punished because they have broken the rules and for nothing else. Except under extreme circumstances where society, and this is very much a contempory issue, lobbies via the media. I suppose an interesting question is how far we are prepared to allow this go? Is it right for the media to directly affect the judicial and legislative system, even if it is, apparently, acting for masses?
NAME: Iain G. Howe
Comments: Laws are there to provide a structure to society, and our performance as members of that society is directly linked to how flexible we are within this framework.
There is only one real law, which is don't get caught.
These days you have to be extremely unlucky to be actually arrested and charged simply for possessing a small amount of cannabis for personal use, the law as it stands is mainly used to punish those who profit from the sale of that substance. This may change with the new "Zero-Tolerance" policy, but I doubt it...
The bottom line is that Laws aren't there to tell us what is moral, laws are there to determine what society is willing to let us get away with.
COMMENTS TO PHILOSOPHER'S CORNER:
BACK TO HOMEPAGE
THANKS FOR YOUR ENTHUSIASM!
...and keep those responses coming!
