nyan_sandwich comments on Terminal Bias - Less Wrong
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Maybe rational defector was the wrong way to put it. I don't mean punish people who test high on rationality, I mean punish in the cases where it's a calculated defection for personal gain. Punish in cases where tit for tat is actually an effective strategy.
Some crimes just aren't done for personal gain, and those should have alternate strategy. Of course, what the alternate strategy is is still open, and distinguishing between them is difficult, as you say:
At our level, I don't think we are able to distinguish between crimes that should get punishment, and things where punishment is ineffective. It's just useful to understand that justice is about game theory, not revenge.