“Criminals thrive on the indulgence of society’s understanding.” (Compare to counterfactual reasoning: if we would sympathize with every defection, and felt that “the past is the past”, those wishing to defect would have no reason not to.)
It’s a complicated issue—as nearly as I can tell, the people who argue for no understanding assume that they can just use their intuitions about punishment, and not update about whether they’re getting the effects they want.
I agree. I wasn’t trying to argue in favor of some kind of unlimited punishment, or against all understanding whatsoever—just that this kind of understanding can be misused, especially when you discount the offense for being in the past. (I had recently read Drescher’s account in Good and Real of why the pastward, inalterable aspect of a transgression, and the fact that the punishment only causes things in the future, are no reason not to punish.)
Edit3: And, of course [rot13] vg jnf n onq thl jub fnvq gung va gur zbivr, naq gur guvatf lbh jnea nobhg ner unaqyrq va gur zbivr, nf gung punenpgre’f ernfbavat yrnqf uvz gb qb ubeevoyr guvatf ba gung onfvf, yvxr gel gb qrfgebl na ragver pvgl. Ng gur fnzr gvzr, V guvax ur qbrf unir n cbvag.
It’s a complicated issue—as nearly as I can tell, the people who argue for no understanding assume that they can just use their intuitions about punishment, and not update about whether they’re getting the effects they want.
I agree. I wasn’t trying to argue in favor of some kind of unlimited punishment, or against all understanding whatsoever—just that this kind of understanding can be misused, especially when you discount the offense for being in the past. (I had recently read Drescher’s account in Good and Real of why the pastward, inalterable aspect of a transgression, and the fact that the punishment only causes things in the future, are no reason not to punish.)
Edit3: And, of course [rot13] vg jnf n onq thl jub fnvq gung va gur zbivr, naq gur guvatf lbh jnea nobhg ner unaqyrq va gur zbivr, nf gung punenpgre’f ernfbavat yrnqf uvz gb qb ubeevoyr guvatf ba gung onfvf, yvxr gel gb qrfgebl na ragver pvgl. Ng gur fnzr gvzr, V guvax ur qbrf unir n cbvag.