Gen X at 40

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Ben (The Tiger) -

After a year in the insolvency industry, I came to the conclusion that debtors' prisons were an unfairly maligned institution. (It was truly amazing what people managed to run up...)

But -- they're only just if people know about them. If one runs up debts and only then discovers, oh, hey, I might end up in jail -- that's not fair.

Seanie -

I have zero sympathy for people that move to other jurisdictions to work/live without doing adequate research on that place's laws and rules, then cry foul, playing the "but we're canadians, come save us..." cards..

Ben (The Tiger) -

I do, too -- I'm the heartless SOB who wants us to do nothing about people like that death row inmate in Montana or young Master Khadr in Gitmo -- but I'd stretch a point for people in danger of heading to debtors' prisons in the Middle East.

Because it's just so random. I mean, the kid getting caned in Singapore for spraypainting a car, I had no sympathy whatsoever for -- it's obviously illegal. People who had a mortgage in Dubai who then are threatened with debtor's prison when the economy turns sour -- I'd favour helping them out...

Alan -

I actually don't disagree but have more sympathy for a brainwashed war child than a Dubai mortgage holder.

Chris Taylor -

I kind of dig the idea of debtors prison, but Islamic autocracies are usually wrong... So I am conflicted.

Alan -

I also had no idea that Dubai was the oil-less emirate.

seanie -

Yes, yes, I am with Alan. I retract a part of my statement in that I should have said I have little sympathy for the adults. Kids, child soldiers, brainwashed by their nutbar parents, whole other ball of wax.

Chris Taylor -

I have very little sympathy for child soldiers. Ignorantia juris non excusat, after all.

In the middle of a firefight, when a kid picks up a rifle and aim it downrange at one of our soldiers, that soldier will have no choice but to kill that kid in order to prevent him/her from spraying his comrades with lead. And then having done so, that soldier will have to live with himself forever after.

When you're in close contact fighting for your life, there is no time for niceties like "Drop the weapon" or "Put that down".

Is it tragic? Sure. Regrettable? Sure. Do I feel sorry for the kid? A little; he has no real sense of the value of the lives he is aiming to take. Nor of his own. But I feel much more sorry for the adult who does have that sense, who has to set aside all his natural instincts, put the kid in the crosshairs and contemplate turning him into red mist.

Alan -

Not to dissuade you from disagreeing with me but "ignorantia juris non excusat" does not apply to children.

Jay Currie -

Before we see the end of the deleveragng I suspect we'll be hearing more about debtors prisons - silly as the idea is.

On the one side we have to take contract seriously, on the other, no one had a gun to the head of the clever fellow who offered the unemployed guy a mortgage or a big limit credit card.

Ben is absolutely right when he says that it is astonishing how deep a hole people can get in. However, rarely have they dug that hole entirely by themselves.

In the US there was a whole industry, where people made very good money handing other people the shovels. The same industry - in a less insane form - exists in Canada. Money-Mart (or as my pal Kevin Grace calls it, "The Bank of the Damned" makes astonishing money cashing cheques at a price and lending money at 59%/a) And mortgage brokers actually write contracts which say that, in the event that the interest rate is deemed to exceed the Criminal Code rule against usury, they will be held harmless.

Our mainline credit grantors are catching up. Calling credit lines and refusing to finance even the best credits at less than extortionate rates.

While I might be willing to see debtors' prisons for those who abused the system, I would also want to see creditor's prisons for those who exploited it. Say a four to one sentence ratio.

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