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empathy vs. systematic moral code
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Posted 11/7/15 , edited 11/7/15
Oh a large scale, it's easier and clearer to use a systematic approach.

When the punishment and crime are severe and there is a lot at stake, more so than a few bucks and a few hours of community service, the totality of circumstances ought to be examined. I actually think it would be best to usually examine the totality of the circumstances, but that's impractical and very slow. We do need some bright-line rules, otherwise anyone who offers a semi-decent argument will not be punished and can rest assured that as long as they are persuasive, they can break laws.

When you get too detailed, nobody is a criminal since they all have reasons they believe justify their behavior. And you simply can't have that. The system needs an unyielding leg planted in the ground.
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