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Originally Posted by Ninjalawyer
You're applying a very specific theory of morality, one that isn't universal. The utilitarians (Benthem, John Stewart Mills, etc.) would say you shouldn't pass any law where the harm created by the law is greater than its benefit.
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Yeah, but it's a huge jump from what they said to the idea that the criminal justice system has to be a profit-making machine. It costs a hell of a lot more to prosecute, try, and convict a burglar who breaks into your house and steals your TV than the TV is actually worth. But surely you aren't suggesting we shouldn't prosecute burglars?
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I would tend to agree [with the utilitarians]; why shouldn't the standard for a law be that it should bring a net benefit to society rather than a net detriment? How can you justify a law that is more damaging than helpful?
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Like laws against burglary?