alt Hacker NewsIt's not arbitrary. It's called the distinction between retaliatory and preemptive force. Retaliatory force requires a victim and evidence of causation. Preemptive force has no objective anchor, hence arbitrary by definition. You can't jail a man for a crime he might commit tomorrow.
What im saying is that this distinction is arbitrary. Running a society isn't all about punishing crimes. That's just one minor aspect of a states responsibilities. Standardization is another, arguably more important one.