@tom_g “Punishment”/eye-for-eye makes sense in an explanatory way. Maybe, but I think that what it’s really about is revenge. Our so-called “justice” system is primarily about revenge. It is about making victims feel somehow better by thinking that the criminal feels bad. Maybe not as bad as the victim feels, but as close to that as possible.
People might equate it with justice in a sense of balancing the scales of pain and loss. You take something from me, then I will revenge myself (via the blind justice system) and take something of equal value plus a little bit more from you.
The problem is that revenge/punishment does not make anything better. It only makes someone a bit worse. And this kind of justice not only makes one person’s life worse—it can also make everyone’s life worse. This is because if you let the criminal go after they have paid their debt to “society,” they are usually much more talented criminals whose minds have been warped far more by the “justice system.” They are much more likely to go out a commit worse crimes than they were if we did nothing to them, I believe.
The justice system, in other words, is designed to keep itself in business, by growing more and worse criminals.
In my opinion, the justice system should be about fixing the problem of crime. It should be about reforming criminals. It should be about fixing their psychological issues. It should be about giving them opportunities they’ve never had. It should be about keeping them from committing further crimes. It should be about education. It should be about love.
Of course, my view will never catch on, generally, because most people are too immature to get beyond their own pain and seeking retribution for that. And, indeed, game theory teaches us that “tit for tat” is an excellent strategy. And we do not want criminals to think they will be rewarded for criminal behavior.
But there are other ways of balancing the scales. Instead of taking away from the criminal, we might allow them to try to make up for the harm they created. Plus interest. They could have a choice of paying by suffering, or paying by making those they harmed whole in some way. And if they choose to try to make their victims whole, then I think they deserve the support of the justice system in making that happen.