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Showing content with the highest reputation on 02/07/22 in all areas

  1. Hi, I've been posting this in a 15-year-old thread earlier, but not expecting anyone to read it there, I decided to create a new one, instead. I gather that retribution, for Objectivism, is the main point of legal justice. But when looking at https://www.ontheissues.org/celeb/Ayn_Rand_Crime.htm, retribution "in order to make him bear the painful consequences of his action (or their equivalent) which he inflicted on his victims" seems very much like the "no harm no foul" approach. That would mean punishing only the success, not the attempt. Which is contrary to what various proponents of Objectivism (especially @DavidOdden) seem to hold in threads like these: What I also read a lot on the net in various papers is a "conflict between the Subjectivist versus Objectivist approach to justice", where both approaches are held to be unsatisfying: Shooting at someone with an empty gun: Punishable by Subjectivism, because: "Was trying to kill.". Not punishable by Objectivism, because: "Couldn't have possibly killed." or simply "Didn't kill.". Not sure if this "Objectivism" and Ayn Rand's Objectivism are the same? Also struck me that there seems to be a lot of dispute about what "initiation of force" means. But nobody considered talking about "an attempt to initiate force"? I'm also aware that "initiation of force" is usually used to distinguish from retaliation, rather than from the actual harm inflicted (which I'd rather call synonymous with "initiation of force"). Anyway, Western jurisdictions typically also don't start with just any action beyond mental processes as the definition of an attempt, of something to be punished. There's the decision, preparation, starting, and finally completion of the attempt, where decision and preparations remain free from punishment, and only the starting of the attempt is punished, and the successful completion usually harsher. While even the attempt allows for a draw-back, an abortion out of free will due to moral concerns, before any harm is inflicted. In which case the attempt also remains free from punishment. Been thinking about this. Already would find it quite odd punishing someone by the sentence of attempted murder or manslaughter right at the point of taking just preparatory action. Thinking of someone spontaneously deciding to hit some pedestrian with his car on his way to somewhere, while already driving: Just slowing down a little to make out some target (an "action"??). Then noticing that all the targets at the pavement are not reachable due to too many obstacles in the way. Then not finding any other targets for the rest of the way. While also beginning to have moral concerns of "what the hell am I doing??", and aborting the goal. So a life sentence or years of imprisonment, just for having slowed down the car a little while driving, not actually having gotten anywhere near even approaching the goal, and what is more, ultimately having abandoned the entire goal for internal reasons? Very very odd to me, regardless of any initial "intent acted on". Anyway, just my thoughts. I'm sure that's a lot to digest at once, the many points I'm raising, but take your time 😉
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  2. I disagreed with him vehemently on some things, but I will miss him.
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