Q&A: An Algorithm for Punishment
An Algorithm for Punishment
Question
It seems that the purpose of punishment, both on the level of Jewish law and on the constitutional/legal level, is deterrence from repeating the offense, whether by the same person or by others. If so, why don’t we punish and empirically measure the cost-benefit ratio of each offense? Why fix punishments for offenses instead of moving to a dynamic punishment system? For that matter, if there is a rise in thefts, why not cut off thieves’ hands or sentence them to death in order to create deterrence? Why is proportionality between the offense and the punishment important?
Answer
You’ve burst through an open door. The assumption is incorrect, so there’s no question to begin with.
See here: https://www.google.com/url?client=internal-element-cse&cx=f18e4f052adde49eb&q=https://mikyab.net/%25D7%259B%25D7%25AA%25D7%2591%25D7%2599%25D7%259D/%25D7%259E%25D7%2590%25D7%259E%25D7%25A8%25D7%2599%25D7%259D/%25D7%2590%25D7%259C%25D7%2592%25D7%2595%25D7%25A8%25D7%2599%25D7%25AA%25D7%259D-%25D7%259C%25D7%25A2%25D7%25A0%25D7%2599%25D7%25A9%25D7%2594/&sa=U&ved=2ahUKEwibzrTPnLOKAxWIhv0HHRe0MeoQFnoECAgQAQ&usg=AOvVaw20umbtOTkqO0PTcxpyTAtx&fexp=72801196,72801194,72801195
And here: https://www.google.com/url?client=internal-element-cse&cx=f18e4f052adde49eb&q=https://mikyab.net/%25D7%259B%25D7%25AA%25D7%2591%25D7%2599%25D7%259D/%25D7%259E%25D7%2590%25D7%259E%25D7%25A8%25D7%2599%25D7%259D/%25D7%25AA%25D7%2595%25D7%25A8%25D7%25AA-%25D7%2594%25D7%25A2%25D7%25A0%25D7%2599%25D7%25A9%25D7%2594-%25D7%25A9%25D7%259C-%25D7%2594%25D7%25A8%25D7%259E%25D7%2591%25D7%259D/&sa=U&ved=2ahUKEwibzrTPnLOKAxWIhv0HHRe0MeoQFnoECAsQAQ&usg=AOvVaw1GK6r7DIQ9n2LIc5Ze98Tq&fexp=72801196,72801194,72801195