nathanson claims that the principle of lex talionis would give us no guidance in devising a punishment for (fill in the blank)

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Answer 1

"Nathanson claims that the principle of lex talionis would give us no guidance in devising a punishment for d.r.u.n.k driving."

According to Nathanson, the principle of lex talionis, also known as "an eye for an eye," would not provide us with any clear guidance in determining an appropriate punishment for d.r.u.n.k driving. The principle of lex talionis suggests that the punishment should be equivalent to the harm inflicted. However, when it comes to d.r.u.n.k driving, the harm caused is not easily quantifiable.

It involves risks to public safety, potential injury or loss of life, property damage, and emotional trauma. Assigning a punishment based solely on the principle of equivalence would be insufficient in addressing these complex consequences. Therefore, Nathanson argues that alternative principles, such as deterrence, rehabilitation, and public safety, should be considered when devising appropriate punishments for d.r.u.n.k driving.

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Answer 2

Final answer:

The principle of lex talionis does not provide guidance for devising punishments for crimes that involve property destruction or theft without force or the threat of force.

Explanation:

The principle of lex talionis, also known as "an eye for an eye," states that the punishment for a crime should be proportionate to the harm caused. Thus, it is a legal principle or code of justice where punishment is to be equivalent to the harm or injury caused, ensuring a proportionate response for offences committed.

However, Nathanson argues that lex talionis would give us no guidance in devising a punishment for crimes that involve the destruction or theft of property but do not use force or the threat of force. These types of offences do not fit the traditional understanding of lex talionis, as they do not involve physical harm or injury to another person.

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Related Questions

The COMMON law system is the system of law that courts follow in the U.S. It was borrowed from the British system and still exists in most countries that were once part of or still are part of the British Empire. In the COMMON law system, judges follow old decisions of previous courts if the facts and circumstances are the same. These old cases are called PRECEDENT, a phrase you've probably heard before. However, one you probably haven't heard is the fancy Latin phrase STARE DECISIS, which means literally "stand" and decide," or roughly "Let the decision stand," another way of saying that old cases and the judge's decisions, or holdings, in them, should be followed by future courts.

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The COMMON law system in the U.S. is based on precedents and the principle of stare decisis.

What is the significance of stare decisis in the COMMON law system?

Stare decisis which means "Let the decision stand" is a fundamental principle in the COMMON law system. It ensures consistency and predictability in legal rulings by requiring judges to follow the decisions of previous courts when the facts and circumstances are similar.

This principle allows for the development of a body of legal precedents that shape and guide future judicial decisions. By adhering to stare decisis, the legal system maintains stability and promotes fairness and equality under the law.

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The Constitution is the outline of the government of the united states.

The Constitution of the United States serves as the outline or framework for the government of the United States. It establishes the structure, powers, and limitations of the federal government and sets forth the rights and liberties of the American people.

The Constitution was drafted in 1787 and ratified in 1788, creating a system of government based on the principles of separation of powers, checks and balances, and federalism.

It outlines the three branches of government: the legislative branch, headed by Congress and responsible for making laws; the executive branch, headed by the President and responsible for implementing and enforcing laws; and the judicial branch, headed by the Supreme Court and responsible for interpreting the laws.

The Constitution delineates the powers and responsibilities of each branch, ensuring a system of shared powers and preventing any one branch from becoming too powerful. This system of checks and balances allows for accountability and prevents the abuse of power.

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john f. kennedy was able to carry texas and win the presidency in 1960 because .

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John F. Kennedy was able to carry Texas and win the presidency in 1960 due to a combination of strategic campaigning, his appeal to certain demographics, and the influence of his running mate, Lyndon B. Johnson.

In the 1960 presidential election, Texas played a significant role in Kennedy's victory. Kennedy and his campaign team recognized the importance of winning the state and strategically focused their efforts on appealing to Texas voters. Kennedy's running mate, Lyndon B. Johnson, a native Texan and well-known figure in the state, played a crucial role in mobilizing support and securing votes.

Additionally, Kennedy's campaign made significant efforts to connect with various demographics in Texas. He targeted urban areas, where he had strong support among African American voters and young people. Kennedy also appealed to the growing Hispanic population in Texas, recognizing their influence and addressing their concerns. By focusing on key issues such as civil rights, economic growth, and national security, Kennedy was able to resonate with a broad range of Texas voters.

Furthermore, Kennedy's charisma, youthful energy, and effective use of media, particularly televised debates, helped him gain popularity and sway undecided voters in Texas and across the country. His performance in the debates, along with his overall campaign strategy, positioned him as a fresh and dynamic alternative to his opponent, Richard Nixon.

In conclusion, Kennedy's ability to carry Texas and win the presidency in 1960 can be attributed to strategic campaigning, the influence of his running mate, and his appeal to diverse voter demographics in the state.

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