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> Saying it's "obvious and rational" that we want to deter people from committing fraud is not a good defense of those involved with Theranos Oh, I didn't inte
by throwawayjava 9y ago
> Saying it's "obvious and rational" that we want to deter people from committing fraud is not a good defense of those involved with Theranos
Oh, I didn't intend that as a defense of Theranos. I intended that as a justification for punishing Shkreli.
> the important thing is, as you seem to sort of agree, to deter bad actors and encourage good ones.
I think punishment has many societal functions, some of them more rational than others, but all legitimate in their own way.
- perl4ever 9y agoI'm more comfortable with a utilitarian idea of justice, where retribution and intuitive feelings about justice being satisfied come as side effects and not explicit goals. Deterrence, prevention, and rehabilitation are the goals. Punishment needs to be shaped by those. I would certainly not say that all functions of punishment in society are legitimate. There was just a news article about someone whose exculpatory DNA evidence will not prevent them being executed. Assuming that sort of thing happens occasionally (regardless whether it's true as reported in this case) then it certainly serves a societal purpose to avoid admitting prosecutorial error, but it's not legitimate.