Tag Archives: Justice system

There’s a Green Card-holder at the heart of Greek philosophy

By David V Johnson – A state that, without due process, simply ignores the rights and obligations it has extended to that legal resident makes a serious breach of its moral authority and the rule of law.

This is why the state’s treatment of its non-citizen legal residents – its visa-holders and permanent resident aliens – can say as much about its health as its treatment of citizens.

The idea that the non-citizen resident is crucial to diagnosing the state’s health is evident in Plato’s Republic.

In the course of the Republic‘s 10 books, Socrates offers a considered analysis of justice and the ideally just state. It can be simplified to one principle: justice is reason ruling.

When rationality rules in government, the state is just. Similarly, when rationality governs the emotions and desires of the soul, a person is just.

When reason fails to rule, whether in the state or the person, injustice obtains. more> https://goo.gl/oTURh3

What would a rational criminal justice system look like?

BOOK REVIEW

Creating Freedom, Author: Raoul Martinez.

By Raoul Martinez – The effectiveness of punishment as a deterrent is often misunderstood. Those who fill our prisons are clearly undeterred by society’s punishments. The fact that rates of recidivism in the UK and US hover between 60 and 65 per cent only underscores the point that incarceration routinely fails to deter repeat offending. It might seem that more severe punishments would be more effective deterrents, but often the opposite is true.

And it’s telling that Europe’s lowest reoffending rate is in Norway’s humane prison island of Bastoy. Contrary to popular intuitions, what matters most in deterring criminal behaviour is not so much the severity of punishment but the likelihood of getting caught.

If people aren’t ultimately responsible for their actions, then there is no justification for retribution.

Broadly speaking, on finding someone guilty of a crime, we have three ways of responding: punishment to deter; rehabilitation to heal; or incarceration to protect. These responses are not mutually exclusive and often overlap.

For each, there are two questions to answer: will it be effective and can it be ethically justified? The answers depend on whom we’re talking about – each brain is unique. A ‘one size fits all’ approach is inefficient and unethical. more> https://goo.gl/4Kwy3G