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Re:Why America's prisons are an unconstitutional moral horro... by ddingus on Monday April 05, 2021 @10:36PM (#26707383)
Have you read Lessig on this topic in his book, "Code?"

One chapter covers the basic forces regulating behavior:

Physics - The world and our understanding of it place bounds on what can and cannot be done.

Money and Markets - The cost of things place bounds on what can and cannot be done.

Both of these prevent behavior, as in taking behavior off the table no matter how compelling it may otherwise be.

The other two, norms and laws lack this property, instead act post fact.

Laws - Describe acceptable and unacceptable behaviour, and carry consequences, remedies for unacceptable behavior.

Physics takes driving above some speeds impossible. Speed bumps, etc...

Speed limits do not actually prevent anything, only impose costs, by way of example.

Norms - Work like laws, only are largely enforced socially.

There is a lot more in the book.

My point here is leaning on law to manage behavior is not particularly effective. Getting more of the better behavior more of the time is systemic. Requires action on all fronts.

Re:Why America's prisons are an unconstitutional moral horro... by lazide on Tuesday April 06, 2021 @01:00PM (#26714363)
I think we’re talking about different things?

You seem to be referring to ideal or better/more effective. I was referring to what is.

There is of course a gap there, and any changes to move ‘is’ to ‘better’ or ‘ideal’ requires a lot of buy in and messy negotiation from people who aren’t likely hanging out on Hackernews debating the topic.

Re:Why America's prisons are an unconstitutional moral horro... by ddingus on Wednesday April 07, 2021 @06:11AM (#26722690)
I am also referring to what is.

Law does not operate in a vacuum.

And, I am saying it is more effective to give all the forces regulating behavior consideration.