There are a lot of posts to reply to, so bear with me...
I'm not a fundamentally dishonest person actually, but I'm not always going to go that far out of my way to correct oversights on the part of organisations I do business with when doing so would cost me more money.
So what you mean is that being honest would cost you money?
I would suggest that the vast majority of humans do something that's against the law/rules from time to time, be it not pointing out a drink missed off of a bill, reusing an uncancelled rail ticket, or as sited as an example above speeding (I am obsessive for example about not going 30/40mph limits and have never had points on my licence) or parking, dropping litter, taking a sick day when they're not really sick, doing something personal in work time, etc. For example - anytime someone speeds and doesn't get detected, should they go to police and say "hey, I did 40 in a 30 zone, can you give me three points on my licence please?" No, I don't think so.
Ah,
argumentum ad populum. In any case, you have cleverly constructed a straw man. I have nowhere said people should ask for a specific punishment, yet admit where they are wrong. A more reliable example would be if a policeman asked how fast you were going, and you admit that you were going too fast.
And will that person speed again? Probably. Or should we start a campaign to make sure cars cannot ever be driven at above the legal limit - technology could achieve that already, but it's not going to happen. Speeding has the potential to kill, not just cost money - I hate it, but people do it.
Relevance?
I said I had reused an uncancelled return portion of a rail ticket on one or two occasions many years ago. I also said I haven't done it since (no opportunity even if I wanted to, which I don't) and that I agree it's not the right thing to be doing. I also said that I could understand WHY someone else might do it if they could get away with it. Life's like that - if there's windows of opportunity, sometimes some people will take them whether we like it or not. The complete answer IMHO is not just to castigate those who take advantages of such opportunities, but to expect and require the organisations who create such opportunities and loopholes to close them down completely.
The law requires people not to commit crime. If I commit a murder the fault lies with me, not the police who failed to catch me.
Most! A very sweeping generalisation.
However probably true, I never saw many people queuing at Lincoln Central wait to buy a ticket when the gaurd couldnt physically get down the train because of overcrowding (ct days). They took the view if the railway doesn't give them a chance to buy a ticket why should they. (same with replacement buses.) I did join the queue at Lincoln so when I wrote to CT they couldn't come back with the ticket sales don't show a problem nonsense!
I once did a return on a FOR between Edinburgh and London without it getting stamped or checked in either direction.
I think in general people are honest - it is just too easy for those that are not to get away with it, and no barriers don't help!
Other strange things is I once travelled for a week with an "expired" season ticket. Where the old one was in front of the new one, which was worrying if I was really going to scam the company it shows how easy it is to do.
Yes, I agree, it was a generalisation. My point in this thread is that just because something is *easy* to do does not make it right, or the fault of those who could make it more difficult.
That is a different situation though.
Say I'd been in the restaurant and had put my card behind the bar for the drinks. A group of 7 or 8 of us then get totally hammered. When we leave, we ask for the bill expecting to be charged the correct amount. Are you expecting a group of completely drunk people to remember exactly what they've drunk? I would think that the onus would be on the restaurant to charge correctly and it would be their loss if not.
Contractually, yes, it's their loss. Criminally (and without going into great detail) I don't think there would be a case to answer if you genuinely didn't know that you hadn't paid what was required of you.
I didn't defraud ANYONE last week! I was in a restaurant, and they provided me with a bill. I am under no obligation whatsoever to check how they've calculated the total on the bill, should I not wish to do so. I offered payment to cover the total amount of the bill, they accepted that form of payment and took the amount they wanted to charge for the products and services they had provided to me. Both sides (customer and business) parted company amicably. End of story. If they didn't charge me enough by virtue of only including seven out of eight drinks we'd consumed on their bill, that's their problem. No one anywhere, and no court anywhere, is going to make a fraud case out of that.
Have a look at R v Morris. He swapped the price tags on something, so he could pay less. The shop accepted it, offered the incorrect amount to pay, he paid it, and they parted amicably. Whether or not the shop accepted it is immaterial. Whether or not they parted company is immaterial. In fairness however, he was convicted of theft, something that you can't be convicted of if you eat, drink, or fill up a partly filled container of the same thing interestingly.
Now, back to the railways. The situation is not identical but not disimilar either. Whilst I don't condone reusing a used but uncancelled railway ticket, I reitterate that a part of the problem is the TOC's staff or machines not taking appropriate steps to cancel used tickets. If they did this properly, the problem would not arise. Almost everyone exploits loopholes at sometime or other - be it railway tickets, bar bills, speeding, throwing a sicky, etc... They do it when they think, or know, that they have a high likelihood of getting away with it. For better or for worse, it's largely human nature.
So if I leave my car unlocked then it's my problem, and nobody else's, if I get stolen from? It would be a stupid thing to do, admittedly, but I'm not responsible for the crime.
And if YOU actually read my posts you will see that I have not said that dishonesty is OK, just inevitable. Still, it's a lot easier to cherry pick the bits of another person's posts you find easiest to answer (actually to discredit the other without addressing the point), usually picking out some irrelevance or issue of semantics rather than the real point.
As another poster said: pot, kettle, black.
Example of a TOC defrauding customers? Northern's TVMs offer anytime day return tickets after 09:30, when there can be no situation when they can ever be needed over an off-peak. How many customers come along and buy one thinking that off-peak may not cover a journey home in the evening rush hour? No idea, but you can bet some do. They are very careful though NOT to sell off peak tickets before 09:30, even if the last train requiring an anytime ticket left at 08:30. Another case of the customer being defrauded. Northern haven't been prosecuted for this, but if being prosecuted is your definition of being guilty of fraud, then Skymonster has done nothing wrong because he wasn't prosecuted either.
I don't think they should not show the ticket, as people are entitled to buy what they want to buy, but I think TVMs could make it clear that a less expensive valid ticket is available, but simply because of the complex ticketing. I wouldn't expect Apple to make it clear to me that I could be buying a cheaper laptop as a student if I'm half way through ordering a more expensive one.
your front door was open, so I came in and took some stuff. its your fault tho.
Quite.
Let's not go on about whether TOC's "defraud" customers through high prices. It's not relevant to this thread.
Agreed.
With regard to Skymonster's original post, an issue with the railways is that they are providing a, sort of, "invisible" service. That seat is still going to get carted around whether you sit in it or not, so unless you're travelling First Class it's hard to see what you're costing the railways by sitting in that seat. (Yes, I know there are many costs. Insurance to name one. As well as the fact that if you get injured, you're unlikely to get compensated. But from Joe Public's perspective...)
Agreed.
This is different to a shop, where you are consuming a physical good. (Even though I do agree with Skymonster on the completely different issue of whether it's your responsibility to tell a shop/restaurant that they've undercharged you - I am of the opinion that it is not).
Whether or not you have a legal responsibility to do so, I would argue that there is a moral responsibility.