Quote:
Originally Posted by martinguerre
Certainly there is a history of lex talionis, but i would suggest that this process is not compatible with the modern state as we know it.
take this case for instance. democracy holds that the citzen is the basic unit of society, and despite difference or conflict between groups or individuals (in this situation, a homophobic expression of anger), all citizens are required to affirm the idea of the nation over and against any of those private claims. The alternative is the war of all against all. If we affirm this expression of violence, or any like it...we deny our beleif in the rule of law.
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It is infinitely compatible with the modern state as we are all 'equal'. You speak of democracy as if it were a surrender of all private rights and I see it as not so. Admittedly, the state would have the power to over ride private claims but only if the people so chose. If they were to choose another path, lets say dueling to resolve disputes of honor, then that too would be acceptable. What has changed is modern sensibilities, and while the concept of a duel was just and honorable just four generations ago, it is no longer deemed so, that does not mean it can not return should our sensibilities change. The alternative is not anarchy as you basically stated but simply a different set of laws and custom which allows for private violence without any weakening of the state.