Evil Examined
ATTEMPTS BY THINKERS TO COME TO TERMS WITH THE REALITY OF  EVIL

JUDGE RICHARD POSNER

Evil results from "the indifference to the human consequences of decisions."
--Richard Posner

Judge Richard A. Posner of the Seventh Circuit Court of Appeals is recognized as the leading intellectual of the judicial branch.  Posner wrote on the subject of evil in an essay (reviewing Ingo Muller's book, Hitler's Justice) entitled "Courting Evil" in The New Republic.  Posner agreed that the German judiciary did evil because it "was so immersed in a professional culture as to be oblivious to the human consequences of their decisions."  Posner wondered, provocatively, whether American "prosecutors who pursue marijuana growers, sellers of dirty magazines, and violators of arcane campaign financing regulations are inappropriately using their offices in much the same manner as did prosecutors who earlier brought charges against Germans for 'dishonoring the race.'" Posner urged judges against being "eager enlisters in the popular movements of the day."
 
ITEM: THE INCARCERATION RATE IN THE U. S. RANKS HIGHEST AMONG INDUSTRIALIZED NATIONS....FORMER DIRECTOR OF THE FEDERAL JUDICIAL CENTER, JUDGE WILLIAM SCHWARZER, SAYS: "NO INDUSTRIALIZED COUNTRY IMPOSES SENTENCES OF COMPARABLE SEVERITY."