Blagsta said:
If someone has not had the role models (putting in the simplest terms) to show them how to take responsibility, to show them what it means, then how can they? I think most people have the capacity to do so, but some people have to be given the emotional and psychological tools to do so or to realise that it's worth while.
Very vague this. If people genuinely can't distinguish right from wrong they lack
mens rea (a guilty mind) and can't be convicted of a crime. What "emotional and psychological" tools do you need to decide something is "worthwhile": and come to think of it, since when has it been down to the subject to decide that the law is "worthwhile".
Meanwhile, back in the real world...
Well I've seen some devastating critiques of JS Mill in my time, but gawd
damn.
Yes, you keep saying this, yet you can't explain what it actually means. Where is this moral bank balance? Who decides what constitutes balanced scales? You can't answer any of these things.
I already said it's for jurists to decide the exact balance: but more to the point, it's you who's very confused here. You say you support punishment: well all punishment works on the principle of moral debt. Hard labour or imprisonment, it's all just a matter of degree.
If you don't understand the notion of moral debt, why on earth
do you support punishment?
"morally illiterate" What?
People who have no recognisable code of reciprocal morality: people who either don't know or don't care what harm their actions do to others.
What?

Yes, how do these people get into authority? Whose interests do they then look after? By "Authority defines itself", do you mean that whoever has the power wields the power? Well, yes, but it's a rather circular argument and it doesn't answer my question.
No, I mean "authority" is, by definition, lawful government. It has to be
authorised by someone, and in a democracy the people are the
authors of government. (Or so goes the theory.)
My point is power
does not justify itself because raw power is not authority. Charles I spoke little sense, but he had it spot on when he said: "I would know by what power I am called hither … there are many unlawful Authorities in the world, Thieves and Robbers by the highways: but I would know by what Authority I was brought."
So if the person who wields power is illegitimate (as defined by the relevant law) then they should be resisted.
Sorry, but people just don't think like that. Harsh punishment does not act as a deterrant.
Well those Victorians and Edwardians were doing something right, and it wasn't deploying pseudo-science.
What does "absolutely wrong" mean? What are these absolutes measured against?
A categorical imperative derived from the weight of human experience and logic. A shame secular morality gave up on absolute morals after Kant and moved into relativism.
Errrr...what do you think grey is? How do you think a spectrum of black to white gets from one to the other?
The grey of human experience can stand separate from the black and white of the law. The law is predicated on absolutes: "guilty" and "not guilty". You can't mix the law, you can only apply it with care.
Leaving aside the fact that everyone commits crimes (yes, even you) - you're right. Not everyone who has a shitty abusive upbringing gets a drug habit or robs or hurts people. However it is a factor. People direct their anger and hurt in different ways. Some internal, some external. Some people are luck enough to get help or support. Some people are stronger than others. However to dismiss these influences is rather stupid.
I don't deny people direct their anger or hurt at other people. That does not mitigate the wrong. To use these influences to mitigate responsibility is rather stupid: it tells criminals they can always explain away their actions. (And if you're not mitigating responsibility, how
do you want these influences taken into account.)
]I'd dispute "medical care" as being able to help people with emotional problems. I'm not big on medical models of mental and emotional health, as you may have gathered. No one is arguing that it is a get out clause btw - stop putting words in my mouth.
How do you want them applied then?
Yes, but you don't seem to know what the word atonement means.
I clearly do, having posted up two different definitions; more to the point, you don't agree that suffering can effect reparation of sin. Well fair enough, but do stop parroting my supposed ignorance of the term, it gets tedious.
There's a streak of Christianity a mile wide in your posts. Atonement, retribution, ruthless revelation, sociological epistles, moral certainty etc.
There you go again with the Christian stuff - "sin". Personally I reject the notion of "sin".
Our legal system is founded in Christianity, and I don't have to believe in God to recognise the worth of what is, basically, moral philosophy. I also reject some fundamental Christian notions: I wouldn't call for drug legalization if I believe in the Christian model of sin (turn of phrase, got bored of "criminal act", sin just means transgression of a given moral principle).
Oh, and what does sociology and epistles have to do with Christianity: epistle is simply a formal letter, and of the Bible's many faults, social "science" isn't amongst them!
Control is not a static thing. It is dynamic and contingent on circumstance. As it happens, I think that yes, people in groups in certain circumstances can commit then most terrible atrocities. However, I still stand by what I wrote - people are capable of a greater degree of control than you give them credit for. You appear to have a pathological need for imposing your moral order on everyone else.
We all want to impose our moral order. Unless you don't actually want society to treat criminals with compassion. I can distinguish between what I personally believe and what I want "imposed" on other people: I can assure you that the two bear little relation to each other.
Actually fuck it, your view is sooooo far apart from mine I don't think we'll ever find any common ground. You come across as someone with deep rooted Christian views, very rigid and inflexible thinking, an almost pathological need to impose order otherwise your world will descend into chaos. You see everything in strict black and white, unable to see that people are actually a complex mix of good and bad. To be honest you come across as a bit of a nutter.
I could say exactly the same about you given your views on your sociological explanations, but I don't, because that's deeply tedious, and I've the good manners not to sum someone up by their views on a posting board.
You seem unable to separate a belief that the law must be absolute from a belief that the world is black and white. Presumably you want the law to deal in shades of grey: how then do you propose an adversarial system rooted in absolutes adapts itself, and how do you propose it restrain criminals, and deters potential criminals, when there is no good or bad, but only a gradient of morality?