What are the important elements of rational legal theory?

- What is law becomes the moral standard; the law is what is right?
- Cost of crime towards society should be equal to personal cost eye for an eye
(page 34)
- Crimes are only to be measured by pains to society
Strengths
- Punishment of crime is a large enough deterrent on wider society
- Its important because we all follow these assumptions
- We would go into chaos without punishment systems (page 37)
- Its an imperfect system, but it works (devils advocate, people dont need
punishment to not commit crime) It prevents chaos with people that dont accept
social contract
- Creates sense/illusion of control/security
Weaknesses
- Is on the individual it is a weaknesses
- Assumption that punishment is a deterrent
- Across cultures this doesnt work
- Demographics have impact on criminal justice system, impacts incarceration rates
- Not enough focus on prevention/deterrence, simply punishment
- Overly emphasizes violence
- No rehabilitation


Other group responses

Important aspects:
- Punishment should be public, immediate, and necessary
- Point of punishment is deterrence
- Judges dont interpret law
- Punishment outweighs the benefit of the crime
- The punishment must deter further crime and harm to society
- System assumes all crimes performed are rational

Strengths:
- No gaps
- Straight forward policy implications
- Everyone equal before law
- Punishment is relative to degree of crime
- Unbiased guidelines
- Prevents further injury to society
- Provides a framework for law, punishment, and deterrence

Weaknesses:
- Swiftness can trump process
- Crime is not always rational
- Its an ideal that cant be fully realized
- People arent always rational, so they wont always be deterred by punishment
- Punishment on books isnt always the true punishment assigned (plead deals)
- Everyone can interpret the law as they please and use discretion