Jason Lee Byas: Against Criminal Justice | Who Shaves the Barber? #43

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What gives some people the right to put others in prison? Is prison – and the criminal justice system generally – an ethically permissible method for dealing with criminality?

Individualist anarchist and prison abolitionist Jason Lee Byas goes over the common justifications for the prison system and explains why none of them succeed. Specifically, he covers the doctrines of retributivism (specifically desert retributivism and expressive retributivism), deterrence, rehabilitation, and rights forfeiture, arguing against each. In place of prison, Byas proposes a tort system of restitution. Monetary restitution may not be sufficient to right the wrong of a crime, says Byas; but it is all that the law should mandate, leaving other desired correction or compensation up to community-based initiatives (Byas cites restorative justice as an example of the sort of institutions that can take the place of those corrective aspects of criminal justice that retribution does not address). Byas also explains how a system of monetary restitution can get around problems of class-based inequality (for example, if someone is so rich that they don’t mind having to pay to commit a crime, or if someone is so far in debt that another dent wouldn’t matter). Finally, he explains how violent offenders who pose an “ongoing threat” might be handled in his preferred system.

Next weekJc Beall: Logic of Christ

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Special thanks to Jackie Blum for the podcast art, and The Tin Box for the theme music.…

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Michael Zigismund: Philosophy of Law | Who Shaves the Barber? #22

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Before the law, there is the philosophy of law

What is the law? Is it simply what’s to be found in legal statutes and government decrees? Or is it something broader, affected by and inseparable from both morality and custom?

This is one of the fundamental debates in philosophy of law. On one side stand the positivists, who propose a narrow view of the law as separate from ethics and other concerns outside of the direct commands of the state. On the other, we have natural rights theorists, who believe the law and morality are inseparable. Indeed, according to natural rights theorists, illegitimate laws aren’t laws at all.

On what grounds may this debate be settled? And what’s really at stake here? Is there more to this than a question of semantics? Legal expert Michael Zigismund guides us through this debate, and applies it to three areas: Nazi law, slavery, and gun ownership. He concludes with a summary of a “third way”, which he argues takes the best of both while avoiding their pitfalls: the Hayekian view of law as emergent practice.

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Special thanks to Jackie Blum for the podcast art, and The Tin Box for the theme music.

Topics discussed

0:20 – Introduction to Michael Zigismund
2:02 – What is law?
8:53 – Common law v. customary law
11:36 – Positivism v. natural law
16:45 – Is Nazi law law?
19:23 – Separation thesis
22:54 – Application to federalism
26:14 – Where does morality of law come from?…

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