[net.legal] Too many laws.

karl@dartvax.UUCP (Karl Berry.) (01/06/85)

In regard to the spate of laws existing in the U.S., I have no hard facts --
instead, a fictional solution. In Robert Heinlein's book Friday, a
pseudo-Earth is depicted in which the punishment is made to fit the law. The
example Heinlein gives is a driver running over someone else on the road,
breaking a leg. The punishment is to stretch the driver out on the road, run
a car over his leg, timing a minute and half before the doctors are allowed
to help him, and so on.

I suspect that this ``eye for an eye'' [I'm not suggesting the idea is
original with Heinlein!] philosophy would drastically reduce both the number
of laws needed, and, more importantly, crime. Yes, some people would be
punished unjustly, but people are certainly punished unjustly now. And,
speaking only for myself, if I, for example, embezzled the college I go to
out of $100,000, I'd much prefer to lose $100,000 than to spend several
years of my life rotting in a jail somewhere. One of the [theoretical,
anyway] goals of our judicial system is to make the punishment fit the
crime. Unless one locks up some victim, I don't see how going to jail fits
any crime.

One word which I've seen rarely come under discussion in conversations about
our legal system is ``punishment''. I've already used it several times in
this article. Going back to behavior principles, if one wants to get people
to engage in activities like cooperation, building, and social
responsibility, and not ones like murder, rape, and lying, you'd be better
off reinforcing the former than punishing the latter. {If you're only going
to do one or the other.} Something which seems to be lost on every
government I know about.

dartvax!karl	karl@dartmouth.csnet

jmichael@noscvax.UUCP (James A. Michael) (01/08/85)

(For the line-eaters legal staff)
I believe that the reference to Robert Heinlein's book regarding appropriate
punishment should be _The_ Number_of_the_Beast, not _Friday_.  Also, in
whichever one it is, there is a reference to a quotation to the effect,
"Ceaser is dead.  Kill the lawyers."  Does anyone know the origin of 
this quote?
 				Jim Michael
{ihnp4,decvax,akgua,dcdwest,ucbvax}!sdcsvax!noscvax!jmichael 

2141smh@aluxe.UUCP (henning) (01/08/85)

****                                                                 ****
From the keys of Steve Henning, AT&T Bell Labs, Reading, PA aluxe!2141smh

> One word which I've seen rarely come under discussion in conversations about
> our legal system is ``punishment''.   ... if one wants to get people
> to engage in activities like cooperation, building, and social
> responsibility, and not ones like murder, rape, and lying, you'd be better
> off reinforcing the former than punishing the latter. 

Our public schools spend 19 years teaching coop., character building, etc.
Our judges nearly always give first offenders a second chance.  Our jails
keep those that 19 years and a second, third, or fourth chance didn't help
from destroying the spirit of cooperation, character, and social responsibility
of the rest of us.