[citrablue]

How are they different? (I don't mean this sarcastically)

In one world, we believe that a crime committed causes harm against a social construction. In the other...

To me, it seems like the crucial difference is whether the person responsible for the act is the one punished. It is not clear that is the objective of the modern (American) justice system. It is even less certain that was an issue with pre-Enlightenment justice systems.

Human nature seems to be more "someone has to pay!!" more than "the person responsible has to pay!"