Ariel Castro dead

[DinoDoc]

Justice is about undoing whatever wrong has occurred.

How do we accomplish this with a murderer or a rapist?

[Lorizael]

Poorly / time travel

[DinoDoc]

So if we operate under your theory of what justice is, there was no way Castro's victims were ever going to receive it. Is that correct?

[Lorizael]

Restorative justice is not my theory. That said, any of the three options I listed are possible. You could change the rapist's behavior, or give the victim/victim's family counseling/money, or you could force the rapist to work off the "debt" to society. We attempt to do all three of these things in our justice system (if you include the civil system and other state services), so they're all clearly part of the idea of what justice is. And these solutions are distinct from merely attempting to disincentivize criminal activity.

[Elok]

Weregild I once read a theory that blood prices were the origin of currency itself. In pre-conquest England, there was a small but non-negligible fine for grabbing the breast of a free woman without her consent.

[DinoDoc]

Weregild I once read a theory that blood prices were the origin of currency itself. In pre-conquest England, there was a small but non-negligible fine for grabbing the breast of a free woman without her consent.

This small discussion reminds me of something I once read on Cracked. Ah here it is:

#5. Vikings Had Progressive Rape Laws

When you think "Vikings," you think "casual rapists" somewhere after "horned helmets," but before "longboats." But in actuality, Vikings win extra bonus points for their relatively fair treatment of women. It wasn't full equality, but in family life, women were the ones in charge of finances, and they had total freedom to divorce their husbands. Their sagas also featured strong female characters -- something many male writers are still struggling with today, unless "strong female character" means "drama ballast with tits."

Vikings weren't an entire culture of casual rape. In fact, Viking rape laws were far more progressive than their so-called "civilized" European counterparts. On the continent, women were considered property and so rape was a property crime -- there was no "victim," but the father or husband, whose property had been damaged. While Icelandic law punished both rape and attempted rape with outlawry, which was basically the death penalty. Rapists weren't executed outright, but it was totally legal to kill outlaws with impunity. And knowing the Vikings, "no consequence kill" was probably roughly analogous to "free ice cream buffet."

Compare that with the "you were asking for it" defense of today, and you get the sense that Vikings would be awfully disappointed with the "progressive" future. If the spirit of Olaf the Mad saw the way we treat rape in modern courts, he would shake his head and walk away, shedding a single tear into his beard at the injustice of it all. Just before cleaving a man in two with his axe and setting fire to a passing horse-cart.

Hey, they don't call him Olaf the Mad 'cause he's way into illustrated parody magazines.

[regexcellent]

The asking for it thing is a huge ****ing strawman. I have never heard it used.

[DinoDoc]

The asking for it thing is a huge ****ing strawman. I have never heard it used.

http://www.foxnews.com/us/2013/09/04...ana-rape-case/

[Ogie Oglethorpe]

Technically not a defense, but rather an idiotic means of sentencing. BTW, the judge apparently, after the hue and cry, suddenly discovered that the crime carried some form of minimum sentence that he didn't observe. Minimum sentence now is being enforced instead of his retarded judgement. So not only is the judge of retarded judgment, he is also incompetent in that he doesn't understand criminal sentencing requirements per his job requirement.

[DinoDoc]

Technically not a defense, but rather an idiotic means of sentencing.

The ***** asked for it was his reasoning behind his sentence.