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Comment by tptacek | Hacker News Reader

There are (institutional, complicated, well-ordered) civil and criminal systems elsewhere in the world where victims are much more directly involved in sentencing and punishment, and you probably wouldn't want to live in one.

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There are certainly differing personal opinions on what they'd like to live under. For instance, Dutch lawyer Michael van Notten moved from the western to to the xeer system in the horn of Africa, and found it superior in his personal estimation from the perspective of serving victims, as documented in his book.

A clan-based blood-money system? I reiterate the claim I made previously: while you might enjoy reading about them, you wouldn't want to live under one.

I don't see it as a binary option. Why can't we learn from one another? I'm more interested in some of the elements found in for instance that system, where the victim can elect to prioritize restitution over retribution when it leads to a higher likelihood they will be made whole. I don't see any requirement that one has to embrace everything about a societies' system to find advantages in elements of it.

Well, I'll just say, when I referred earlier to institutionalized systems wherein victims are given principal roles in meting out justice, I was specifically using that word to contrast with things like xeer clan law --- a system you just implied might be superior to our common law system (it is not). There are "modern" legal systems descended from that kind of oral tradition honor law. You would not want to live under them.

Happy to keep nerding out on comparative legal stuff from around the world! Just keeping this grounded in "you probably wouldn't enjoy living somewhere where your landlord can have you imprisoned for unpaid rent".

I'll be honest, I have not seen a single implemented legal system I would like to live under, although that's not to dismiss all systems as equally bad. I was imprisoned in the USA once because an officer claimed a dog alerted, resulted in being stripped naked and cavity searched -- but that doesn't mean the entirety of our justice system is bad. Which isn't implied to be as bad as, say, a rapist getting away with it via a forced marriage as might happen under Shariah or xeer law.

The fact that someone can be temporarily jailed without any evidence or a change to challenge the charges is a painful compromise that the Founding Fathers made to balance justice (they themselves were at risk of arbitrary imprisonment by the Crown) with order (sometimes you see someone running with a bloody knife and you should arrest him before you trace his steps to find a corpse). Police departments try really hard to push what they can get away with, and there are certainly areas where I wish the courts would constrain them.

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