549
top ten loopholes
(lemmy.cafe)
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what was the logic of allowing ANY form of slavery at all?
Logically, slavery as punishment for crime is actually pretty reasonable and theoretically good. The criminal isn't just taken care of by the state, thus costing the people even more, instead, they actually have to pay for their crime by working it off.
But reality intrudes upon this theoretical situation. Since someone benefits from the criminal's work, there's now incentive to imprison as many people as possible. It creates perverse incentives that cannot possibly be avoided.
But almost as bad a perverse incentive is the for profit prison system, even if they aren't allowed to force prisoner labor. Because for profit prisons again have the incentive to imprison as many people as possible since that makes them more money; anything that reduces incarceration rate means less money for them.
Of course, we have both of these going for us. For profit prisons that make more money off the state the more prisoners they have, and the permission to force labor from them since the Constitution specifically allows it, thus letting the prisons make money twice off each prisoner. Yay!
Yeah even theoretically it's a bad idea. You can't revoke the fundamental rights of people, even criminals, or the fundamental rights are not fundamental anymore, thus endangered for everyone, not just criminals.
In this context? Probably so that prisons pay for themselves. Or the loophole was intentional – it seems rather obvious that Southern states could pass arbitrary laws and enforce them willy-nilly, targeting minorities or whoever fell out of favor of the ruling class.
that's the overview answer, mabe better put, how did the justify this to the lawmakers?
In the 19th century, it was widely believed that people were criminals because of moral deficiency, and that hard labor would have a positive effect in reforming them into good, upstanding members of society.
This is not really connected to reality in any way, but fits with the popular protestant theology of the time.
I am not even a US citizen and I'm making guesses based on my limited knowledge of its history. You'll have to ask someone else.