Beliefs about social justice might inform how you define your character in the game, but it is a game, to keep it in perspective. Heavy handed will end up meaning "unbalanced" or curtailing the sense of freedom in the game. The fact that "psychopaths" can try to blap me whenever they like proves that freedom to me, and the game would be less without it. The behavioural choices I make in the game mean more in light of it. More could and should be done to create consequences, but effective checks on murderous activity are a difficult balance problem, difficult to design and implement without creating exploits and require developer time to be reassigned from other tasks.
Some of that thirst for justice and fairness is not only because of, well, my own real-world personality and beliefs. It also has to do with game mechanics and incentives: "fairness", or at least a sense/illusion of it, is one of the most coveted features of good game design. This is true for AI (nobody wants to feel like the AI is cheating), and especially true for human player interactions. No style of playing should be at an advantage or disadvantage to others.
Freedom is a funny concept: often, freedoms are best protected by curtailing some freedoms. In any functioning civilized society, freedom to life and pursuit of happiness is chosen over freedom to kill, for example. The Elite universe also
depicts an actual, functioning society - in some areas more and in some less functioning and civilized. Also, the community of Elite players are, in a very real sense, a micro-society in its own right. So, not only should, for suspension of disbelief, the Elite universe do a better job at portraying a society in which senseless acts of violence aren't tolerated. The game and FDev should also clearly convey the message, that members of that micro-society have equal rights and nobody's freedom to enjoy the game
their way entitles them to infringe on others' freedom to enjoy theirs. Ganking is at the bottom a way to extract pleasure at the expense of others; a profoundly antisocial and selfish act that should not have a place in the community. I think in this regard, FDev has failed spectacularly to draw a line. And Solo/PG are not a solutions: it's basically stripping a group of players of their freedom to enjoy the game fully. This is especially true for players who do not have a group or friends or a squadron to play with, but would still want if not a "social game", at least the chance of random encounters (other than being ganked) with their peers.
This doesn't mean being the bad guy shouldn't be an option, since the freedom to
blaze your own trail is central to Elite. This is exactly where the "difficult" in promoting positive and discouraging negative adversial playing style comes from and what you probably mean with "difficult balance problem". Again, I consider it a failure on FDev's part. Clearly, there is or was an
intent to do something about it (C&P), but they seemingly dropped the ball and just... gave up? And I can't stress this enough: there
are ways to be the bad guy that contribute to the game. Or at least there should be. As it stands, being a murderous ganker bent on ruining other people's fun is no worse than being a pirate, which
should be a valid "career" and can contribute to meaningful and exciting player interactions. This is the problem that really needs to be solved. Suggestions?