For a society to have a “rule of law” basis there must be the concept of proportionality. By that is meant that the punishment should be proportional to the crime committed. This is why we do not live under the lex talionis system. But equally important in a “rule of law” society it the concept restoration. Punishment is meant to be restorative. An example of this would be bankruptcy. After one has been in bankruptcy for more than 7 years the record in wiped clean, so one can move on with their life, even if they never paid back the debt. Another example would be the driving record, after payment of the fine and after a certain number of years that infraction falls off your record, even if you commit more infractions.
Posted on: Sun, 09 Nov 2014 14:31:40 +0000
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