Variations on Justice

Sharia justice includes elements I cannot comprehend. (Please read to the end, eh?)

Maybe I misunderstand the historical context. If a nomadic tribe, where everyone knows everyone, has a serious criminal discovered in their midst, it is conceivable that:

  • everyone knows who did it
  • the truth of the crime is clear and uncomplicated
  • the survival of the group depends on deterrence

In this case, it is conceivable that group survival depends on extreme punishments: beheading, stoning, mutilation.

Maybe. But in a ‘modern’ ‘society’ we pride ourselves on doing things differently.

  • Some ‘enforcement’ agents have actively promoted torture
  • Some ‘enforcement’ agents actively induce crimes to be committed
  • Some ‘enforcement’ agencies arbitrarily blacklist individuals (infants on do-not-fly lists; Maher Arar sent, on false Canadian information, into torture in Syria)

The ‘big advantage’ we have in our so-called modern society is the judicial system and its prisons. Let’s have a closer look:
Our judicial system can take years (ask Mike McCormack about this) with inequitable results: serious charges dropped due to delay, while other suspects are held long-term while awaiting trial.
Certain forms of evidence, and certain sources of that evidence, are overly relied on with disastrous results. Look up ‘Motherisk‘ for an example.
Our prison system is rife with drug and other criminal activity, and our use of solitary confinement is gradually becoming recognized as a form of torture.

Our justice system includes elements I cannot comprehend.

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