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Viddao's avatar

Why not do all three? Why not have guilt, shame, and fear built into the system simultaneously?

I remember reading various laws saying the punishment is either "5 years in prison or a $5,000 fine", and I am like 'why not both'? Screw over the rich criminal who doesn't want his body inconvenienced by prison and screw over the poor criminal who doesn't want his wallet inconvenienced by a fine. Do all of the above, everything and the kitchen sink.

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John P Gilroy's avatar

Eric Posner talks about the shortcomings of shame-based punishments in Law and Social Norms (2000), at p. 92. He also points out that shame can be excessive when everyone else trys to signal they're a "good cooperator" by ostracizing the offender, even is his crime was not that serious.

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