Comment by TheOtherHobbes
14 hours ago
It's not saying "Go and blind someone because it will be fun."
It's still an implementation of justice, and relies on a bedrock conception of justice as moral goal.
We don't agree with the implementation, but we still share the goal in the abstract.
The law isn't and never has been a moral benchmark. At best, a law reflects social consensus at the time of its enactment, but even that's not a given.
And proportionality matters. Community service and counseling, loss of time (imprisonment), and loss of a hand have all been used to punish theft. Which is correct? Which is the more moral, because it doesn't seem to me that they're the same?
I think there cannot be an objectively most correct punishment for a given crime. The closest we could maybe get is "undo the harm that you have caused", but some harm cannot be undone.
Hence morality and ethics, I guess.
Right, and that's the point.
The law isn't a moral benchmark, because morality shifts over time, both for what constitutes a crime, and what constitutes appropriate punishment. At various points in time, it's been legal to own slaves, illegal to be homosexual, and illegal for certain groups to vote (and I consider voting at all to be a subset of this); those laws (and ideas) were eventually updated, largely on moral grounds.
Similarly, most western countries no longer execute criminals.
But those ideas aren't universal, even today. Assuming that they are is imo, extraordinarily foolish, because there's ample evidence to show that they're not.