PDA

View Full Version : Libertarian Punishment Theory




Christian Liberty
03-17-2013, 07:45 PM
So, as far as I understand it, punishment theory is still unresolved amongst libertarians. What is your personal theory of justice and why do you hold to it?

I'm not sure my current position is totally consistent so I encourage any arguments for or against any given system of justice.

Pesonally I support proportional punishment, or "Eye for an eye" but after a certain point I think it becomes cruel and other alternatives should be used instead. At the very least, I don't support anything WORSE than death.

I also increasingly think the "Ex post facto" is silly. Maybe useful, but still silly. I more and more support nuremberg trials for those who violate the non-aggression principle as just.

enter`name`here
03-17-2013, 08:02 PM
Not a question that has as black and white an answer as we would like. I think libertarian justice should be based on the principles of restitution and deterrence. What ever punishment best achieves these goals is the most 'just'. I also think that there should be some consideration for proportionality, such that more serious crimes receive more serious punishment, but that punishment is not so harsh that people who can be, and are willing to be, reformed are not able to pay their debt to their victims (not to 'society') and move on with their lives.

TheTexan
03-17-2013, 08:09 PM
I'm generally against prison sentences. I prefer monetary recompense, or exile where that's not possible. In case of murder, the victim's family can either choose eye for an eye, or asset seizure & exile. Either a witness, or someone in the victim's family would need to take responsibility for carrying out the execution, and also for accepting responsibility should it be later proven that he/she killed an innocent person in the name of justice.

redmod79
03-17-2013, 08:18 PM
First, the only crimes are where someone's rights are violated, their property stolen or destroyed. Whichever right is violated, the community no longer recognizes that right for the perpetrator. If you kill someone, your right to live will no longer be protected or recognized. If someone kills you, so be it. Governments should only be local and no have authority to implement any punishment through force. Only the people should have the authority. If they decide not to implement punishment, so be it. Someone might, eventually.
There should be no prisons, only temporary jails with strict time limits, and timely court hearings and judgements. If the criminal flees the town it is the responsibility of the people of the town to communicate with other towns about the criminal and his crimes.

presence
03-17-2013, 08:43 PM
One should only be liable for statutory offences
when they result in other point-to-the-victim crimes.