On Sun, Aug 14, 2022 at 5:52 AM Stathis Papaioannou <[email protected]>
wrote:

*> you don't act of your own free will if you do something accidentally, or
> you are forced,*
>

Everybody is always subjected to force, sometimes, as when an
electromagnetic force enters your eye and prevents you from walking into a
brick wall it's a good thing because you don't want to walk into a brick
wall, and sometimes, such as when the gravitational force prevents you from
jumping over a mountain, it's a bad thing because you want to jump over
that mountain.

*> There is nothing clever about this, it's the layperson's definition,*


Yeah, it's just saying sometimes you can will what you want to do and
sometimes you can't. I don't see why lawyers need to get involved in that
but under our legal system they certainly are.

>>Yes, and that is why the legal system is such a ridiculous incoherent
>> mess. There could be no other outcome if something is based on pure
>> nonsense.
>>
>
> *>> The legal system might be a mess, but at least in principle it's a
> good idea not to punish people who didn't do it, did it under coercion, or
> didn't know what they were doing because they were dementing, for example.*
>

The first question you have to ask is what is the purpose of punishing a
murderer? I think the only legitimate answer to that is to prevent a
similar murder in the future, anything more than that is not justice, it's
just vengeance; I'm no different from anybody else and sometimes I'd like a
little vengeance, but I am not proud of that reptilian part of my brain and
so I will not defend it. Therefore from a legal point of view it shouldn't
matter if somebody is a murderer because he had bad genes, or bad
upbringing, or a random cosmic ray distroyed the crucial part of his brain
that generates empathy for his fellow creatures, the important point is
regardless of the cause he remains a murderer spreading misery wherever he
goes and needs to be dealt with accordingly. The only legitimate mitigating
circumstance would be if it could be proven that the murder occurred
because of extremely unlikely circumstances that were very unlikely to be
repeated. We should assume he is likely to murder again unless proven
otherwise, and that would not be easy to prove.

John K Clark    See what's on my new list at  Extropolis
<https://groups.google.com/g/extropolis>
8vv

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