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cthulu2016

(10,960 posts)
Thu Apr 12, 2012, 07:25 PM Apr 2012

Liberal Values and Criminal Law

The admirable (though insufficient) protections our system offers accused persons are one of the jewels in the crown of liberalism, and should be at all times.

It's like voting. I favor people voting, and oppose burdensome restrictions on voting categorically no matter who benefits. A broad franchise is an independent good.

Similarly, I am pleased by the application of our rights in all instances. In fact, when it is against self-interest (when I want someone convicted, for instance, or disagree with a speaker's message or dislike someone's religion) I am more pleased by the application of our rights because being enthusiastic about rights for people you hate is a central virtue of the society to which we aspire.

(Sort of like the ideal of us not torturing POWs, even when the other side wouldn't think twice about it. That doesn't make me angry, it makes me proud.)

The rights of the accused are not situational goods. They are absolute goods. Always. The application of and respect for rights in the most unpopular circumstances is how we know they are rights.

William Roper: So, now you give the Devil the benefit of law!

Sir Thomas More: Yes! What would you do? Cut a great road through the law to get after the Devil?

William Roper: Yes, I'd cut down every law in England to do that!

Sir Thomas More: Oh? And when the last law was down, and the Devil turned 'round on you, where would you hide, Roper, the laws all being flat? This country is planted thick with laws, from coast to coast, Man's laws, not God's! And if you cut them down, and you're just the man to do it, do you really think you could stand upright in the winds that would blow then?


(Historical note: Sir Thomas Moore was a zealous witch hunter, so do as he says, not as he does!)
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Liberal Values and Criminal Law (Original Post) cthulu2016 Apr 2012 OP
... cthulu2016 Apr 2012 #1
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