Okay y'all #anarchist and #communist folks: discussion time: do you think legalism is a good foundation for a justice system?
@Ratttz I have questions about coordination and justification of use of force under anarchism, but that's a separate topic :)
I'm definitely a fan of community restorative justice as an ideal, but I have the concern that social groups don't always have the motivation to engage necessary for an actual justice process.
@Ratttz tbh I think it's kind of hard to imagine any justice system ("system" in the very loose sense) that isn't going to be a little haphazard, ultimately. Legalism is an attempt to enforce uniformity, but we know that this means a neglect of context and proportionality.
@Ratttz I think lack of reasonable proportionality is one of the primary reasons why people don't use the extant court system to settle disputes.
@Ratttz @starkatt I think any sufficiently large group will invariably evolve a need for the performance of justice, and such groups will tend to concentrate such performance into the hands of those who can do the jobs well. My question is how to impose external controls over such groups to ensure that their performance remains fair _de facto_, as opposed to simply fair _de jure_. I don't think you can do away with the need for such groups.
@starkatt @Ratttz I would also add that actually fair justice is, as a practice, _hard_. I think one reason why societies tend to evolve subgroups of people who do the work of enacting and performing justice is that most people find it too difficult to do consistently, so we empower a group of people that we entrust with the duty to do that work, and then we tell ourselves that those groups are, for the most part, successful.