Re:Shane Pitman, leader of the warez group Razor 1911: life ...
by Dalewyn on Friday March 10, 2023 @08:51PM
(#35104244)
>I think the penalties of many laws weren’t made with fairness in mind but deterrence.
It's a very common misconception that laws prohibit a given action. Getting straight to the point, they don't and can't: Mere words on paper can't stop a swinging fist, per se. The pen is not mightier than the sword.
Rather, the point of laws is deterence by consequence. You can swing that fist, and no piece of legalese can stop you in your endeavour, but that piece of legalese can and will stipulate the consequences for swinging that fist. The hope being the consequences will convince you to not swing that fist. The pen is not mightier than the sword, but the gavel can be mightier than the sword.
It's a very common misconception that laws prohibit a given action. Getting straight to the point, they don't and can't: Mere words on paper can't stop a swinging fist, per se. The pen is not mightier than the sword.
Rather, the point of laws is deterence by consequence. You can swing that fist, and no piece of legalese can stop you in your endeavour, but that piece of legalese can and will stipulate the consequences for swinging that fist. The hope being the consequences will convince you to not swing that fist. The pen is not mightier than the sword, but the gavel can be mightier than the sword.
Obligatory IANAL.