You threw in a good word too - agonistic. Kudos to you. :-)

The legal system and our ideas about law and punishment, etc., certainly has changed over time. I think I've mentioned on IWeThey (on ezboard) that [link|http://www.history.org|Colonial Williamsburg] in Williamsburg, VA has recreated the 1775-ish Virginia capitol and has recreations of things like public trials and the like. Things like "pinning the ears" (nailing ear-lobes of a person convicted of a misdemenor to a post as a punishment. When the punishment time is up (a few hours or a few days), the person is removed by ripping the ear from the post. Thus a torn ear lobe was a sign to others that the person had been punished for some misdemenor. They tell a story of someone who had to petition the Governor for a letter verifying his good character - his ear had been torn in a farming accident.), trial by a jury of one's peers (people who knew you and knew your character - not totally impartial people from the community as we use it today), all felonies were punishable by death, etc., are very different from what happens now.

Often, the victim has the option of "dropping the charges", but the state grinds on--this is because the victim is usually only concerned with redress; the state is responsible to return the criminal to a state of behavioral normality, at the least via social isolation.

Yes and no. The state prosecutor usually has wide discretion as far as which crimes will be prosecuted and with what level of vigor, due to the volume of cases, etc. This can be good and bad. Good because the prosecutor can act as a proxy for community and attempt to serve in their "best interests". Bad because it can lead to unequal protection under the law.

The state cannot forgive, since it is just as bound to the norm as is the criminal. The two have become idealized to the point of formulaic interaction.

See above. And Governors and Presidents can forgive an offense in certain circumstances. It's not often used though.

Have we then institutionally excised the ability to forgive?

Maybe. But maybe not. I'll have to think on this some more.

Certainly in state-to-state relationships, forgiveness of debts is increasingly common. E.g. loans via the World Bank and the like.

And bankruptcy - forgiveness of most monetary debts - is (or was depending on your view of the recent changes) an institutional form of forgiveness (though many consequences remain). Even with its consequences, its certainly more forgiving than debtors prisons.

Thanks for your thoughts. I greatly appreciate it.

Cheers,
Scott.