-----BEGIN PGP SIGNED MESSAGE----- Hash: SHA512 On 05/20/2014 09:07 AM, Celejar wrote:
> On Tue, 20 May 2014 21:47:57 +1000 Zenaan Harkness <[email protected]> > wrote: > >> On 5/20/14, Celejar <[email protected]> wrote: >>> But this is precisely the problem with some of the dogmatic >>> idealists here - by this logic, we should abolish criminal >>> justice entirely, as it's virtually impossible to guarantee that >>> "no one blameless" will ever be "persecuted": >>> http://www2.law.ucla.edu/volokh/guilty.htm >> >> I don't remember reading the words Slavko posted before, but the >> way I read it is as: "we must make our best efforts to not >> persecute blameless people" and "if blameless people are being >> persecuted, we must make more efforts [eg with our criminal justice >> system - to fix this problem]". >> >> So not abolish criminal justice, but make more efforts in this >> system to reduce/minimize persecution/punishment of people who >> should not be punished. >> >> Of course perfection cannot be achieved in reality, I agree. > > Of course. But while it's certainly not a zero-sum game, there's > generally going to be a trade-off: increasing protections for > defendants will save some innocents, at the expense of letting some > guilty go free. The same goes for IP regulation: many of us at least > believe that the law should balance the rights of the IP holders with > the rights of the consumer, and insisting on absolute freedom for > the consumer at the expense of the rights of the rights-holders is > wrong. So is the other way around. There's a saying: "It is better for X guilty persons to go free than for Y innocent persons to be punished." Traditionally, Y is 1 (with the accompanying change of "innocent persons" to the singular), and I think X is something like 100 or 1000. I present it in this form because I think it enables a valuable question, particularly in context of the third level of quotation above: What numbers would you pick for X and Y, for you to accept this statement as being true? I'd like to ask that question of every politician, and every police officer, and so forth. I think it could be quite illuminating. - -- The Wanderer Secrecy is the beginning of tyranny. A government exists to serve its citizens, not to control them. -----BEGIN PGP SIGNATURE----- Version: GnuPG v1 Comment: Using GnuPG with Mozilla - http://enigmail.mozdev.org/ iQIcBAEBCgAGBQJTe1V7AAoJEASpNY00KDJrMsIP/1UNn1K6mlUwoUs21JEUds57 SKr7cHjAOpHUA8mi1ULwAH/zFj03PwCzCx/VM8zTjsRxENZV5DQShHC0c38KK8dK KBT6HKMEMf6qzslK2PIol9jYbLlZpnvbM17OHCjCKxCI3CULTqvfxAaEJ/iSPjIP 7lctA9rj9srr6eAO99nqzP0AZ7XjZOPfDAIZimpuHQ03GgkxpzqdOAJU7RSQuIi3 0aW3sVQ0S0QRGD+D4hi+ipRRzJhSHQau61E77v6xXdC43A71ONIwF2XnxwnPXvQ+ eDr9tFdnzFIzvWfxK3uEYfiKXG7AJqkkMhBUHS76EBu021pnry57ju1aIk+sRgap mIUf+PU+i2bXPKclarLiAaJ6rHgaeOgroNyZz3urPGPZGQHZQhe5Daf7zof1Hnnx HBx1Sf2zum6mZvw99OSvBLFusTTJf1j26q0Gloq/i8QzmA48/jbWxD85/bO4zgiS p8BDcrN1xy6hJGYZRTnAUUN2HVqvAMOqf/a7tCiyzRQzm22frB7YAeAJrtF/A7lv nPly6mkgLuV5IsE63veFAVO4Y8KDQtk5VCkFxItbx2wwgfXf0KvZ5kVgJYCwFpGb sk2FK0tnoIfPnUD1VOgXAPDXR6jLvw7McZ+rk7TA840dlS7RIDBA1xaJJYxOzbFr ukl/np7vbd8migBejyZi =rXBg -----END PGP SIGNATURE----- -- To UNSUBSCRIBE, email to [email protected] with a subject of "unsubscribe". Trouble? Contact [email protected] Archive: https://lists.debian.org/[email protected]
