NancyLebovitz comments on Crime and punishment - Less Wrong

39 Post author: PhilGoetz 24 March 2011 09:53PM

You are viewing a comment permalink. View the original post to see all comments and the full post content.

Comments (189)

You are viewing a single comment's thread. Show more comments above.

Comment author: gjm 25 March 2011 12:04:35AM 3 points [-]

being forbidden by law means that it carries a punishment

No. Being forbidden by law means that the Powers That Be will take forceful steps to stop people doing it, even if they want to. At present, that generally means punishing people who do whatever-it-is, but in some hypothetical future surveillance-heavy society it might instead mean that as soon as someone tries to do whatever-it-is they are physically prevented by an armed robot police officer. Or in some hypothetical future brainwashing-heavy society it might mean that those who do whatever-it-is are tracked down and have their brains modified so that they won't (or can't) do it again. In yet another hypothetical society it might mean that anyone discovered to have done whatever-it-is feels so ashamed that they commit suicide.

It happens -- and this is PhilGoetz's point, I think -- that in (almost?) all existing societies, in (almost?) all cases, a central part of how legal forbidding works is via punishment of those who do what's forbidden, even though this isn't the only conceivable way it could work.

Comment author: NancyLebovitz 26 March 2011 12:02:09PM 3 points [-]

Being forbidden by law means that the Powers That Be will take forceful steps to stop people doing it, even if they want to.

Being forbidden by law means that the Powers that Be might take forceful steps in an effort to stop people from doing it.

The law is only an approximation of government behavior, and there are many laws which are no longer enforced.

Comment author: gjm 26 March 2011 09:50:45PM 0 points [-]

Agreed: "might, and in some sense are supposed to" would have been better than "will".