Dear Town: (legal point 2)
I'm not confused. I'm speaking to the law. Effective pragmatic approaches? Sounds like anarchy. |
No. I think you really are confused from a rational, logical standpoint.
You acknowledge that
"the presumption of innocence" is a legal and viable approach.
Why?
We hold to that notion because most people believe that it is more 'rational'
to risk a few criminals temporarily escaping than to have
innocent men wrongfully accused, convicted and their lives destroyed.
This doesn't only apply to the death penalty, because 10 years in jail
can ruin a marriage, business or career as easily as a hanging.
But there are actually three basic positions on the scales there:
(1)
maximize convictions, ensuring that few guilty will go free.
(2)
balance convictions and releases, sacrificing some both guilty and innocent.
(3)
maximize releases, ensuring that most innocent are not punished.
Naturally however, advocates of all three strategies can present rational
and even statistical arguments in favour of each plan or tendency.
But I don't at the moment want to 'prove' or advocate the viability of any
basic option.
In actual law practice, the public is led to BELIEVE in the choice by
law courts (police, lawyers, prosecutors, judges) of the value of
"innocent until proven guilty"
while the courts execute their own version
of "justice" according to their own sensibilites and moral standards,
and the public rarely finds out how naive and deluded they are about it,
until they find themselves in a courtroom or see something like the O.J. Simpson or M. Jackson trial on TV.
...
Instead I want to simply demonstrate the identical logic behind my own
strategy which you have wrongly called "irrational":
I also have a choice of strategies:
(1) Maximize "fun and freedom" functions for my own children,
and hope that they personally won't become a crime statistic.
(2) Find a balance between "fun" and "safety" and place my bets
in a more conservative manner than (1).
(3) Maximize "safety" in a dangerous world.
This is a very simple and basic "Game Theory" problem.
The first question is, "What is the payoff?"
Just as in say a nuclear war scenario, the personal cost,
of say having my child tortured, raped and murdered
might be simply FAR TOO HIGH a Risk factor for me to opt for (1) or (2).
So it is perfectly rational to opt for (3), although
people might complain about being 'not allowed to do anything'.
Who then would argue for (2), or even (1)?
I propose that a person who believes in RANDOM CHANCE
might rationally opt for (2), hoping for a good compromise between
"fun" and "safety" according to limited information.
The Game Theory analysis predicts that this might be a good choice,
in spite of increased risk of a catastrophic 'payoff'.
But this simply is not an option for Christians who believe in a living God,
who observes and often interferes with world events and history.
The classical Christian view would find the (2) option to be 'irrational'
in the face of the existence of the Biblical God.
What about (1)?
Perhaps an unusual Christian would, like martyrs of old, risk all,
and have no 'safety' plan at all. His children could go to Disneyworld
unsupervised, attend Rock Concerts and drug parties, and all will be
addressed by a few prayers, confidently said.
But that would require a faith very unusual in two ways:
(a) God will protect my children no matter what they do.
They can skydive, experiment with Scientology, smoke crack
and all will be well, working to the greatest good to those who love God.
(b) I would have no problem putting OTHERS at risk if I am wrong
about my 'faith' and understanding about what God would want me to do
as a responsible and prudent parent.
The problem should be obvious: I'm now not only acting as a classic martyr,
risking only myself, but needlessly and shamelessly putting others at risk
who may not even be Christians, and who might not actually have the
miraculous protection from God that I think I have as a strong Christian believer.
Now I would put it to you that this is not a real option,
even for a Bible believing Christian, because it is very similar to
those who deliberately handle poisonous snakes until eventually they
die of snakebites.
Faith isn't everything. Humility is also important,
such as sensible assessments about your own faith and belief.
Responsibility is also important, such as sensible precautions to
protect those you have authority over, like children.
Thus I shouldn't have to argue even that any one strategy is the best
Christian strategy, but rather my only point here, is that:
Many strategies which you might not personally accept and perform for
your own children may be just as rational on a large and level playing field,
and in the big picture, as your own choice.
Ultimately, I must choose what I think is best for those under my care,
and whom I'm accountable for, and so must you.
I'm not saying your choices, which are apparently different,
are "irrational" out of hand.
I would like to hear your arguments for your choices,
and compare them to my arguments for my choices.
How is that "irrational"?
Are you really being fair here?
Ball your 'court' ...