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The two examples most familiar to me are the Jean Valjean scenario (stealing for survival) and the Jack Bauer scenario (coercion or torture to save lives). In
by djur 12y ago
The two examples most familiar to me are the Jean Valjean scenario (stealing for survival) and the Jack Bauer scenario (coercion or torture to save lives).
In both cases, there's an argument that the underlying activity (theft, torture) should remain illegal. It would be difficult or impossible to codify all the permissible extenuating circumstances, and leaving the question open-ended and letting it be decided in court would be a disaster, much worse than existing carve-outs like self defense as an excuse for homicide (which is itself kind of a mess, legally).
Certain dour strains of penal theory would argue that the 'virtuous criminal' still requires equal punishment (Chinese legalism, for example), but I think the more popular stance in the modern day is that judges and state executives (governors, presidents) should have the option of leniency. This takes the fate of Jean Valjean outside the sphere of law and exposes it to popular opinion -- an unreasonable act of clemency would be faced with blowback (just ask Mike Huckabee).
- nitrogen 12y ago...the Jack Bauer scenario... I find 24 to be much more interesting when I view Bauer as a second villain, rather than the unquestionable hero as it seems he's portrayed.
- thrownaway2424 12y agoIndeed, the series is far more enjoyable if you picture Bauer as the pawn of an elusive cryptoregime furthering its dark agenda. Lots of things work better that way. I kept waiting for the character in the video game "Splinter Cell" to figure out that he was being played by global corporatist puppetmasters, but unfortunately the plot never got there.
- contingencies 12y agoI kept waiting for the character in the video game "Splinter Cell" to figure out that he was being played by global corporatist puppetmasters, but unfortunately the plot never got there. Brilliant idea for a community remake or mod!
- watwut 12y agoOff-topic: Jean Valjean as described in a book would not gain much by being exposed to popular opinion and definitely not by the society back then. His first crime have been party out of desperation, but the rest was just him being impulsive and not thinking even five minutes ahead. He was very close to current low socioeconomic status (ghetto) boy stereotype - those do not get breaks nor lower sentences.
- djur 12y agoYup. And that's a flaw in the approach. I don't think it's possible to have a merciful justice system in a merciless society in the first place, though. If judges are insufficiently bloodthirsty, they will be replaced, or their judgments will be supplemented with vigilante action.
- thaumasiotes 12y agoThat's a flaw in the approach? What is the benefit of being merciful to those who commit crimes out of "being impulsive and not thinking even five minutes ahead"?