On Wed, 9 Dec 2009 15:45:43 -0800, "nom=de=plume"
wrote:
wrote in message
news
On Wed, 09 Dec 2009 18:06:42 -0500, Tom Francis - SWSports
wrote:
On Wed, 09 Dec 2009 17:01:16 -0600, wrote:
On Wed, 9 Dec 2009 12:44:43 -0800 (PST), Tim
wrote:
http://blog.simplejustice.us/2009/11...y.aspx?ref=rss
NY just passed a new law to protect kids. Now it is a felon, to drive
DWI/DUI with children 15 years of age or less on board.
That ought to help save lives!
George Orwell just wasn't too far off...
Not that you asked, but my opinion is that anybody driving DUI with a
passenger should be prosecuted as a felon.
I realize that many share that view, and it may be a consensus view. I
don't. IMHO, persons who injure another out of their own
irresponsible actions should be subject to equitable and severe
penalties meted out by the justice system. I think that legislated
behavioral controls are Orwellian and rob the individual of his or her
personal autonomy.
Ummm... laws are not a form of behavioral control?
To state the case generically does not do the topic justice. There is
a distinction here between retributive justice and preventive
sanctions. The question is which application respects an individual's
personal autonomy and responsibility. Preventive sanctions presume
that the individual must be compelled by legislation to be civically,
morally, and ethically responsible. In this sense, the individual's
autonomy must necessarily be reduced for what is considered the social
good. IMO, this stands in contrast to the deference given to personal
autonomy and liberty by the earliest lawmakers in this country. We've
become to conditioned over time, as a society, to accept the utility
of preventive sanctions at the cost of personal liberty, and this to
the point that a perspective such as mine is considered savagely
extreme. I don't think my perspective would have seemed extreme in
this country's youth. Retributive justice does not presuppose that
the individual must be necessarily be constrained for the good of
society.
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