continuing from Tim

 I want to comment on Tim's post here and possibly defend but question Shelby in a few cases although I fundamentally come to similar conclusion to Tim.

The first example is where a person steals something and is chased by the owner who is killed in defense of the thief. Tim points out that this seems to result in an absurd conclusion and thus could not be feasibly adopted. The first thing I would say is that if this understanding of crime is adopted, then the person chasing the thief would not be chasing them in the first place. Secondly, I believe Shelby would respond that some crimes are reasonable and some are not. So, theft, particularly minor theft, is a reasonable crime to commit. I do not think Shelby would call murder a reasonable crime in this context as killing the person does not imply this idea of a willingness to honor the terms of social cooperation that other accept and abide by (212). So some crimes are reasonable and some are not from people who are oppressed.

I think the bigger point in Tim's post is this idea of social order. It it undeniable that if we accepted this idea that crime would increase, possibly drastically. I first would say that as long as the undermining of social order does not inhibit justice, Shelby would argue that this policy is successful; Justice is the primary goal not social order. However, I do agree with Tim in that drawing out these arguments would likely not even create the justice it's supposed to. Let us say we do in fact allow these crimes. I do not believe it would be successful because it would remove this sense of external judgment. There would be no crimes that were themselves crimes. Justice requires legitimate and formal processes which this idea seems to remove. Tim's idea of social order would in fact be compromised to a point where there would be less justice than before so even Shelby would not be able to support this society. Unfortunately, I see the current system as imperfect and this alternative as imperfect. 

I must admit, I do see some well thought out and aimed policies as the best way to solve these problems. I doubt Shelby's intention with this work was explicitly to "rustle feathers", but the solution of allowing oppressed people to commit does strike me as an unnecessarily complex idea. 

Comments

Popular posts from this blog

Development as White Saviorism

I used to be a libertarian and i think Nozick is full of shit

The other face of the father of capitalism?