tag:blogger.com,1999:blog-10584495.post7270534851111928099..comments2024-03-27T15:34:14.749-07:00Comments on dangerous idea: The resemblance fallacy and the death penaltyVictor Repperthttp://www.blogger.com/profile/10962948073162156902noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-10584495.post-56285264237946603792020-12-16T15:47:34.022-07:002020-12-16T15:47:34.022-07:00"Punishment" ought not be the function o..."Punishment" ought not be the function of the state in any case, but rather deterrence and protection of the populace. No one (and I do mean <b>no one</b> should ever be imprisoned unless their continued freedom poses a danger to society. Our penal system today is like a toolbox that contains only a hammer. Therefore it treats all problems as though they were nails. Currently, the answer to all crimes seems to be prison, no matter how inappropriate or irrelevant such a "punishment" is in any particular case.Starhopperhttps://www.blogger.com/profile/18350334327301656588noreply@blogger.comtag:blogger.com,1999:blog-10584495.post-65878735844946358662020-12-16T10:04:15.052-07:002020-12-16T10:04:15.052-07:00One value of a standard of resemblance (the more r...One value of a standard of resemblance (the more refined concept is commensurate) is to limit the punishment of a crime to avoid sentencing that exceeds the crime. I understand this to be the purpose of the "eye for an eye" standard. The other value of commensurate punishment is that it is sufficient for the crime.oozzielionelhttps://www.blogger.com/profile/00326968846352428451noreply@blogger.comtag:blogger.com,1999:blog-10584495.post-71151654492414972292020-12-15T16:50:38.894-07:002020-12-15T16:50:38.894-07:00I now see you limited this to the death penalty. M...I now see you limited this to the death penalty. My mistake. SteveKhttps://www.blogger.com/profile/00497892283006396471noreply@blogger.comtag:blogger.com,1999:blog-10584495.post-10197450739148977002020-12-15T16:46:09.664-07:002020-12-15T16:46:09.664-07:00There must be something to the theory otherwise “t...There must be something to the theory otherwise “the punishment doesn’t fit the crime” wouldn’t be a legitimate complaint - ever. It’s not a fallacy if you think that complaint is sometimes a rational complaint. SteveKhttps://www.blogger.com/profile/00497892283006396471noreply@blogger.comtag:blogger.com,1999:blog-10584495.post-8573606102839877752020-12-14T22:03:46.598-07:002020-12-14T22:03:46.598-07:00The fallacy is just thinking that the similarity o...The fallacy is just thinking that the similarity of the punishment to the crime is a sign that it is the penalty that a criminal deserves. It feels to people as if it is what they deserve because of its similarity, but this is an illusion. Now, you might, on independent grounds, conclude that this is the correct penalty, but I think the death penalty gets a certain appearance of validity because that is what the crime was. Victor Repperthttps://www.blogger.com/profile/10962948073162156902noreply@blogger.comtag:blogger.com,1999:blog-10584495.post-44877084620696271002020-12-14T13:30:24.415-07:002020-12-14T13:30:24.415-07:00Criminology is not in my wheelhouse. However, I f...Criminology is not in my wheelhouse. However, I found this article that challenges your "resemblance fallacy" on several points: 1) Resemblance is not the standard, the standard is commensurability. 2) The "resemblance fallacy" may be a straw man. The punishment of a crime should never be a crime in itself (such as torture for torture). 3) Deterrence is not the only standard of success in a sentencing structure. Additional factors include incapacitation, rehabilitation, and desert. Life sentencing better fulfills the goals of rehabilitation and incapacitation. The death penalty hinges more on a just desert. https://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?referer=&httpsredir=1&article=6362&context=jclcoozzielionelhttps://www.blogger.com/profile/00326968846352428451noreply@blogger.com