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>>should we not be preferring the side that has the better ethical claim?

>They aren't advocating fining for ethical violations,

Your statement is a contradiction of GP's statement. Preferring the side with better 'ethical claim' is in effect a redistribution in the form of discount to the more 'ethical' with a fine to the less 'ethical'.

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Again, you are conflating the two points.

1) Fines are appraised for damages

2) When there are competing claims, one should favor the side with a stronger ethical foundation

These are not equivalent. Just because #1 is true does not mean fines are appraised for ethics violations. They also don't have to be mutually exclusive. Not sure if you're trying to misdirect or just misunderstanding the distinction.

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