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375 points begueradj | 1 comments | | HN request time: 0.298s | source
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yard2010 ◴[] No.45666375[source]
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tauwauwau ◴[] No.45666530[source]
Law doesn't seek to punish but to rehabilitate. Act of taking freedom away from the criminal is violent enough. Treating them badly is just a sign of unfair/poor society that cannot maintain (afford to keep) it's promise to be civil to all citizens.
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rat9988 ◴[] No.45666812[source]
> Law doesn't seek to punish

Then who is tasked with delivering justice to the victims?

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carefulfungi ◴[] No.45668947[source]
The core point of organized justice is to prevent blood feuds and long-running inter-personal or tribal conflict. Essentially, to interrupt or prevent a cycle of violence. Justice is reaching consensus on a set of facts and then ascertaining an appropriate compensation. That compensation can include a loss of freedom, a monetary payment, mandated service hours, or historically - torture and death. But what matters is a process that is broadly seen as a fair assessment and compensation sufficient to prevent revenge by the impacted parties.

Justice as prevention is secondary - and arguably ineffective - or we'd have no crime, no recidivism, no addicts, nobody acting with obviously negative personal outcomes.

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1. mothballed ◴[] No.45670851[source]
Systems that seek to reduce conflict and compensate victims did not historically make much use of imprisonment.

For a modern look at this, look at the xeer system of Somalia, where victims will almost always prefer payment/compensation over punishment.

Imprisonment is largely an invention of the state, as they push victims and inter-personal conflict aside, and rather use their tools to subordinate the citizen to the order of the state and then charge the victim taxpayers the cost of imprisonment and funnel the money into their buddies running and working the prisons.