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Latest post Wed, Feb 3 2010 2:22 PM by fingolfin. 2 replies.
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  • Wed, Feb 3 2010 1:20 PM

    Restitution for Murder?

     I'd like your thoughts on this.

    Libertarians usually put great emphasis on restitution rather than punishment. But what about murder? You can't ressurect someone from the dead, so how is restitution for the victim even possible? Givingnthe murderer the death penality is just punishment. I don't see how it is restitution.

    And what about a rape victim losing her virginity? How do you restitute that?

    And what about an archeologist getting some rare artifact destroyed by some punks? How do you restitute that?

  • Wed, Feb 3 2010 2:12 PM In reply to

    Re: Restitution for Murder?

    I don't know of a one-size-fits-all solution for dealing with murder.

    Suppose the murder victim was kithless. To whom would restitution be owed? Obviously, it doesn't bode well for a community to have a murderer running around so I think that the nearest DRO/s, security firms, reputation agencies, etc. would be responsible for keeping this individual away and of informing adjacent areas of the potential menace.

    In a situation in which the murder victim's kin are alive, restitution would have to be made by the murderer (after conviction) at the kin's discretion or find himself branded an outlaw.

    Outlawry is the act of putting a person outside the protection of the law. Historically, it was used to brand people who failed to answer for criminal indictments.

    A free-market instrument for averting a potential financial catastrophe in the wake of a murder takes the form of life insurance. However, it obviously can't replace the lost companionship of a friend or family member.

  • Wed, Feb 3 2010 2:22 PM In reply to

    Re: Restitution for Murder?

    Stef did a podcast on this very topic just recently! 

    http://www.freedomainradio.com/Traffic_Jams/FDR_1553_restitution.mp3

    "Better a cruel truth than a comfortable delusion."

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