[dragonwriter]

Criminal punishment in a republic [0] is exactly the institutionalization of the idea that offending the public has consequences. Hence, in the US, the popular styling of criminal cases as “The people vs. defendant”.

[0] a “republic” in the sense of a regime where government is notionally an institution for the interest of the public rather than a private property interest of a ruler or distinct ruling class; in non-republics, the non-public “owners” are the persons of whose offense consequences are institutionalized by the criminal justice system.

[Clubber]

It's breaking the laws of the country who are indirectly created by the "public," it has nothing to do with mob mentality. We are a nation of laws. In fact, republics are a safeguard against mob mentality which can happen in direct democracy.

Until being offensive is illegal, it should hold no bearing in a just trial. Fortunately, we have the first amendment, which makes being an obnoxious asshole in and of itself perfectly legal.

[tedunangst]

Wouldn't a more complete explanation mention constitution or code of laws or some such as well? Maybe some ex post Latin?

[dragonwriter]

> Wouldn't a more complete explanation mention constitution or code of laws or some such as well?

Constitutions and codes of laws in a republic are intermediate tools to the effect discussed.

> Maybe some ex post Latin?

You mean, more than “republic” is ex post Latin?