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Posted By: Isaac Posted On: Oct 13, 2008 Views: 1666	Restitution amounts to forced trade The problem with restitution only is that it does not create any deterrence and ultimately amounts to nothing more than a forced exchange. If I steal your car, and all you can do is force me to pay for it, then I have no reason not to; I also have no reason to participate in voluntary exchange because I can just steal everything and pay for the things I get caught stealing. Retribution accounts for the added injury of having stolen it to begin with, not just the value of the object (which as we all know is subjective anyways). The market value of my fully-restored 1972 Dodge Challenger might only be 50k, but my personal valuation of it might be much more. Not to mention the value I place in being secure in my possessions which is violated by a thief. Restitution does not account for these factors.
Posted By: Beau Tyler Posted On: Jul 29, 2008 Views: 1846	proportional justice The best source on this is Rothbard's "Ethics of Liberty." I believe Chapter 12, but am not sure. There are no societal rights. Only individuals have rights. When one violates the rights of another he should not experience civil death or a complete revocation of rights, but rather, the revocation to the extent of the rights he violated. At the discretion of the victim he thief should return the goods, thier value, provide service of equal value, etc. There may also be an additional retributive exaction, however, it should not exceed the extent of the rights violated. It could be said that justice is two-fold. Once for restoration and over again for retribution.
Posted By: Tony M Posted On: May 9, 2008 Views: 2066	retribution #1: there is simply no way to punish most crimes in a strict and exact restituion manner: How can you give back virginity after a rape? How can you give back life after murder? How can you give back time after kidnapping? #2: So, the social right to substitute one penalty for another unrelated to the actual loss of the victim - even as restitution - implies society has authority beyond a strict and narrow focus of returning the victim to former status (which can never be done in reality). #3: Though it is controversial in libertarian circles, there is a vein of libertarian argument which supports the notion that in addition to the individual victim of a crime, society itself suffers an upset to its peace and tranquility through the criminal violating the law, and this requires response also. This is retributive in nature. I believe that without the right to act this way, the right of society to impose even a restitutionary punishment is doubtful.

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