A piece in the NYT today on the deliberations by Judge Denny Chin in New York on the sentencing for uber-fraudster Bernie Madoff.  Judge Chin imposed the maximum of maximum sentence, the accumulated total of the maximums of all the various charges: 150 years.  On the face of it, it seems a bit absurd, well beyond a conventional life sentence.  But the judge explains the various legal requirements and standards (none of the charges carried a conventional life sentence, etc.).  Since twenty years – an effective life sentence – seemed too short, he went for a powerful symbolic statement:

But he decided that a term of 150 years would send a loud and decisive message. He felt that Mr. Madoff’s “conduct was so egregious,” he said, “that I should do everything I possibly could to punish him.”

Moreover, any sentence of less than 150 years could be seen as showing him mercy. “Frankly, that was not the message I wanted to be sent,” he said.

In his notes, Judge Chin got to the heart of the matter:

“Not just money: It reaches to the core and affects your general faith in humanity, our government and basic trust in our financial system.”

And that mention of "humanity" brought Confucius to my mind (though I doubt that was what Chin was thinking…).  

Confucius is not big on law and punishment: if we have to invoke such things we have already failed in our endeavors of exemplary leadership and moral eduction.  But he certainly understands that laws must exist for a certain basic social regulation, and also as a vehicle for precisely the purposes of exemplary leadership and moral education.  Law, for Confucius, should illustrate how a noble-minded person – one who seeks to enact Duty according to Ritual and progress toward Humanity – behaves.  In other words, Confucius would agree with Chin that the symbolic aspect of the law is a very important consideration, perhaps even the most important consideration.   Let's go to Analects 2.19:

Duke Ai asked: "what must I do to make the people willing subjects?

"If you raise up the straight and cast out the crooked," replied Confucius, "the people will honor you.  If your raise up the crooked and cast out the straight, they'll never honor you."

That's pretty much what Judge Chin was doing with Madoff: casting out the crooked, in hopes of serving a broader public interest in justice and good governance. 

Now, if only the wise judge could bring sentence on those who engineered the 2008 economic melt-down….