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fairness

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No, it really isn't, but trust me, getting divorced and having to start over is the least in life that isn't fair. I had to watch the parents of a way too young girl realize that their daughter died for no other reason than people can't figure out how to be nice to each other. It isn't that hard, just be nice and people might not have to suffer needlessly, but that isn't the world we live in, so young girls die. That isn't fair, Mom. People falling out of love is vicious and it sucks, but there are far worse things you could be going through. I know that sounds harsh but it's very true.

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A system of justice does not need to pursue retribution. If the purpose of drug sentencing is to prevent harm, all we need to do is decide what to do with people who pose a genuine risk to society or cause tangible harm. There are perfectly rational ways of doing this; in fact, most societies already pursue such policies with respect to alcohol: we leave people free to drink and get inebriated, but set limits on where and when. In general, we prosecute drunk drivers, not inebriated pedestrians.In this sense, the justice system is in many respects a battleground between moral ideas and evidence concerning how to most effectively promote both individual and societal interests, liberty, health, happiness and wellbeing. Severely compromising this system, insofar as it serves to further these ideals, is our vacillation or obsession with moral responsibility, which is, in the broadest sense, an attempt to isolate the subjective element of human choice, an exercise that all too readily deteriorates into blaming and scapegoating without providing effective solutions to the actual problem. The problem with the question of moral responsibility is that it is inherently subjective and involves conjecture about an individuals_ state of mind, awareness and ability to act that can rarely if ever be proved. Thus it involves precisely the same type of conjecture that characterizes superstitious notions of possession and the influence of the devil and provides no effective means of managing conduct: the individual convicted for an offence or crime considered morally wrong is convicted based on a series of hypotheses and probabilities and not necessarily because he or she is actually morally wrong. The fairness and effectiveness of a system of justice based on such hypotheses is highly questionable particularly as a basis for preventing or reducing drug use related harm. For example, with respect to drugs, the system quite obviously fails as a deterrent and the system is not organised to __eform_ the offender much less to ensure that he or she has __earned a lesson_; moreover, the offender does not get an opportunity to make amends or even have a conversation with the alleged victim. In the case of retributive justice, the justice system is effectively mopping up after the fact. In other words, as far as deterrence is concerned, the entire exercise of justice becomes an exercise based on faith, rather than one based on evidence.

DW
Daniel Waterman

Entheogens, Society and Law: The Politics of Consciousness, Autonomy and Responsibility

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There is a code of behavior, she knew, whose seventh article (it may be) says that on occasions of this sort it behooves the woman, whatever her own occupation may be, to go to the help of the young man opposite so that he may expose and relieve the thigh bones, the ribs, of his vanity, of his urgent desire to assert himself; as indeed it is their duty, she reflected, in her old maidenly fairness, to help us, suppose the Tube were to burst into flames. Then, she thought, I should certainly expect Mr. Tansley to get me out. But how would it be, she thought, if neither of us did either of these things? So she sat there smiling.

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I do not believe in the government of the lash, if any one of you ever expects to whip your children again, I want you to have a photograph taken of yourself when you are in the act, with your face red with vulgar anger, and the face of the little child, with eyes swimming in tears and the little chin dimpled with fear, like a piece of water struck by a sudden cold wind. Have the picture taken. If that little child should die, I cannot think of a sweeter way to spend an autumn afternoon than to go out to the cemetery, when the maples are clad in tender gold, and little scarlet runners are coming, like poems of regret, from the sad heart of the earth__nd sit down upon the grave and look at that photograph, and think of the flesh now dust that you beat. I tell you it is wrong; it is no way to raise children! Make your home happy. Be honest with them. Divide fairly with them in everything.

RI
Robert G. Ingersoll

The Liberty of Man, Woman and Child