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So, suppose the crime were downloading academic articles, and the punishment was to be up to 35 years in prison...

What you're arguing for is the inherent rightness of State violence. But the government can be wrong, and it often is wrong. If it's wrong, it's not moral to say, "Well, the government said it would do [wrong thing] to him, who am I to question it?" Instead, you question it and call it into doubt, not try to make a descriptive consequence into a prescriptive consequence.




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