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Is there a philosophy of criminal justice? If there is, what is it? Is human society compliant with it? If it runs off the track, is there a means to right it? Does it occupy any space in current thinking of modern philosophers?
Mosaic law is rife with draconian teachings on this element of philosophy, and the Gospels no stranger to it. How far has human wisdom advanced in this area, in the past 5,000 years?
The second paragraph is irrelevant. That is to say, the Bible is (mostly) irrelevant in regards to present-day secular philosophy. It's relevant only in the sense of tracing influences.
As for the first paragraph. There's a philosophy of everything/anything. 99.9999% of people that exist are moralists, in the sense that that they derive their values from simplistic rules. You or I might be in that .0001% of relativists. Relativism respects the contingency of morality vis-Ã -vis cultural norms. The realization is that nothing matters, absolutely. Justice is a myth but also paradoxically a standard to strive for.
The idea is to understand the reason for action whether or not the action itself is arbitrarily deemed acceptable. When we can relate over that thought process then perhaps we've achieved a philosophically sustainable secular mechanism...yeah, ultimately I see such latter-day understandings being completely arbitrary and ultimately sectarian, but perhaps never to be destroyed...?
Last edited by Matt Marcinkiewicz; 09-18-2013 at 11:26 PM..
The second paragraph is irrelevant. That is to say, the Bible is (mostly) irrelevant in regards to present-day secular philosophy. It's relevant only in the sense of tracing influences.
As for the first paragraph. There's a philosophy of everything/anything. 99.9999% of people that exist are moralists, in the sense that that they derive their values from simplistic rules. You or I might be in that .0001% of relativists. Relativism respects the contingency of morality vis-Ã -vis cultural norms. The realization is that nothing matters, absolutely. Justice is a myth but also paradoxically a standard to strive for.
The idea is to understand the reason for action whether or not said action itself is arbitrarily deemed acceptable. When we can relate over that thought process (in favor of the action we referenced) then perhaps we've achieved a philosophically sustainable secular mechanism...lol, doubtful. Ultimately I see such latter-day attempts at understanding being exposed as completely arbitrary and then sectarian (given prior preconceptions), but perhaps always permissible...?
Is there a philosophy of criminal justice? If there is, what is it? Is human society compliant with it? If it runs off the track, is there a means to right it? Does it occupy any space in current thinking of modern philosophers?
Mosaic law is rife with draconian teachings on this element of philosophy, and the Gospels no stranger to it. How far has human wisdom advanced in this area, in the past 5,000 years?
Is there a philosophy of criminal justice? If there is, what is it? Is human society compliant with it? If it runs off the track, is there a means to right it? Does it occupy any space in current thinking of modern philosophers?
Mosaic law is rife with draconian teachings on this element of philosophy, and the Gospels no stranger to it. How far has human wisdom advanced in this area, in the past 5,000 years?
Joseph Raz is the only name that comes to mind at the moment. He is (was?) and Israeli who taught at Oxford, maybe the U.S.
I was incredibly drunk when I posted last night. For myself, I am an advocate of utilitarianism (our best attempts at it anyway) and rehabilitation. The retributive for-profit (in some cases) system we have now is beyond laughable.
I was incredibly drunk when I posted last night. .
That saves me the trouble of responding to it, but I'll add a few remarks anyway.
The only reason I made the biblical reference was to put into perspective the futility of the effort so far to deal with ethics.
Your 99.999999% is way out of line, considering that the psychological community considers about 5% to be the incidence of clinical sociopathy in America. That would define people who are essentially devoid of any moralism in the usual meaning of the word.
Thank you for bringing this to our attention. But it is an idealist proposition, which only aims at an exploration of ethics, not a reflection of practice. I would suggest that the overwhelming majority of persons incarcerated in the USA receive absolutely no benefit from this ethical standard, and even the ethic itself ignores pre-incarceration evaluation.
Is there a philosophy of criminal justice? If there is, what is it? Is human society compliant with it?
It's not how good the lawyer is but how well he knows the judge...human society is compliant with it because justice costs money, money that some of us don't have.
Is there a philosophy of criminal justice? If there is, what is it? Is human society compliant with it? If it runs off the track, is there a means to right it? Does it occupy any space in current thinking of modern philosophers?
Mosaic law is rife with draconian teachings on this element of philosophy, and the Gospels no stranger to it. How far has human wisdom advanced in this area, in the past 5,000 years?
The intent of the Criminal Justice System is to keep the majority "scared" enough to comply on their own and keep crime "underground" where it is harder to see and has less influence over the majority.
Criminal Justice isn't about stopping crime... quite the opposite. It's actually big business and requires criminal behavior to continue to exist.
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