OOTS #1171 - The Discussion Thread

[Dion]

This sort of absolutism leads to absurd results. For example, every judge delivering a civil judgment becomes Evil.

I’m certainly not a legal scholar, but I have the vague sense that most civil cases are decided based on facts, and judgments are based on a theory of restitution or punitive damages to discourage specific behaviors or redress specific harms.

Although I recognize I have an idealized vision of the world, I believe judges are discouraged from simply punishing a party because the judge believes they “deserve” it.