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Welcome to the nexus of ethics, psychology, morality, technology, health care, and philosophy
Showing posts with label Retribution. Show all posts
Showing posts with label Retribution. Show all posts

Thursday, June 10, 2021

Moral Extremism

Spencer Case
Wuhan University, Penultimate Draft for
Journal of Applied Philosophy

Abstract

The word ‘extremist’ is often used pejoratively, but it’s not clear what, if anything, is wrong with extremism. My project is to give an account of moral extremism as a vice. It consists roughly in having moral convictions so intense that they cause a sort of moral tunnel vision, pushing salient competing considerations out of mind. We should be interested in moral extremism for several reasons: it’s consequential, it’s insidious – we don’t expect immorality to arise from excessive devotion to morality – and it’s yet to attract much philosophical attention. I give several examples of moral extremism from history and explore their social-political implications. I also consider how we should evaluate people who miss the mark, being either too extreme in the service of a good cause or inconsistent with their righteous convictions. I compare John Brown and John Quincy Adams, who fell on either side of this spectrum, as examples.

Conclusion

Accusations of extremism are often thrown around to discredit unpopular positions. It seems fair for the person accused of being an extremist to ask: “Who cares if I’m an extremist, or if the position I’m defending is extreme, if I’m right?” I began with quotes from three reformers who took this line of reply. I’ve argued, however, that we should worry about extremism in the service of good causes. Extremism on my account is a vice. What it consists in, roughly, is an intense moral conviction that prevents the agent from perceiving, or acting on, competing moral considerations when these are important. I’ve argued that this vice has had baleful consequences throughout history. The discussion of John Brown and John Adams introduced a wrinkle: perhaps in rare circumstances, extremists can also confer certain benefits on a society. A general lesson from this discussion is that we must occasionally look at our own moral convictions, especially the ones that generate the strongest emotions, with a degree of suspicion. Passion for some righteous cause doesn’t necessarily indicate that we are morally on the right track. Evil can be insidious, and even our strongest moral convictions can morally mislead.

Monday, January 18, 2021

Children punish third parties to satisfy both consequentialist and retributive motives

Marshall, J., Yudkin, D.A. & Crockett, M.J. 
Nat Hum Behav (2020). 

Abstract

Adults punish moral transgressions to satisfy both retributive motives (such as wanting antisocial others to receive their ‘just deserts’) and consequentialist motives (such as teaching transgressors that their behaviour is inappropriate). Here, we investigated whether retributive and consequentialist motives for punishment are present in children approximately between the ages of five and seven. In two preregistered studies (N = 251), children were given the opportunity to punish a transgressor at a cost to themselves. Punishment either exclusively satisfied retributive motives by only inflicting harm on the transgressor, or additionally satisfied consequentialist motives by teaching the transgressor a lesson. We found that children punished when doing so satisfied only retributive motives, and punished considerably more when doing so also satisfied consequentialist motives. Together, these findings provide evidence for the presence of both retributive and consequentialist motives in young children.

Discussion

Overall, these two preregistered studies provide clear evidence for the presence of both consequentialist and retributive motives in young children, supporting the naive pluralism hypothesis. Our observations cohere with past research showing that children between the ages of five and seven are willing to engage in costly third-party punishment, and reveal the motives behind children’s punitive behaviour. Children reliably engaged in purely retributive punishment: they punished solely to make an antisocial other sad without any possibility of deterring future antisocial behaviour.  Children did not punish in the non-communicative condition out of a preference for locking iPads in boxes, shown by the fact that children punished less in the baseline control condition. Furthermore, non-communicative punishment could not be explained by erroneous beliefs that punishing would teach the transgressor a lesson.  This demonstrates that young children are not pure consequentialists. Rather, our data suggest that young children engaged in costly third-party punishment for purely retributive reasons.

Wednesday, June 3, 2020

Justice without Retribution: An Epistemic Argument against Retributive Criminal Punishment

Gregg D. Caruso (2020)
Neuroethics ​13(1): 13-28.

Abstract

Within the United States, the most prominent justification for criminal punishment is retributivism. This retributivist justification for punishment maintains that punishment of a wrongdoer is justified for the reason that she deserves something bad to happen to her just because she has knowingly done wrong—this could include pain, deprivation, or death. For the retributivist, it is the basic desert attached to the criminal’s immoral action alone that provides the justification for punishment. This means that the retributivist position is not reducible to consequentialist considerations nor in justifying punishment does it appeal to wider goods such as the safety of society or the moral improvement of those being punished. A number of sentencing guidelines in the U.S. have adopted desert as their distributive principle, and it is increasingly given deference in the “purposes” section of state criminal codes, where it can be the guiding principle in the interpretation and application of the code’s provisions. Indeed, the American Law Institute recently revised the Model Penal Code so as to set desert as the official dominate principle for sentencing. And courts have identified desert as the guiding principle in a variety of contexts, as with the Supreme Court’s enthroning retributivism as the “primary justification for the death penalty.” While retributivism provides one of the main sources of justification for punishment within the criminal justice system, there are good philosophical and practical reasons for rejecting it. One such reason is that it is unclear that agents truly deserve to suffer for the wrongs they have done in the sense required by retributivism. In the first section, I explore the retributivist justification of punishment and explain why it is inconsistent with free will skepticism. In the second section, I then argue that even if one is not convinced by the arguments for free will skepticism, there remains a strong epistemic argument against causing harm on retributivist grounds that undermines both libertarian and compatibilist attempts to justify it. I maintain that this argument provides sufficient reason for rejecting the retributive justification of criminal punishment. I conclude in the third section by briefly sketching my public health-quarantine model, a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. I argue that the model is not only consistent with free will skepticism and the epistemic argument against retributivism, it also provides the most justified, humane, and effective way of dealing with criminal behavior.

The info is here.

Saturday, November 9, 2019

Debunking (the) Retribution (Gap)

Steven R. Kraaijeveld
Science and Engineering Ethics
https://doi.org/10.1007/s11948-019-00148-6

Abstract

Robotization is an increasingly pervasive feature of our lives. Robots with high degrees of autonomy may cause harm, yet in sufficiently complex systems neither the robots nor the human developers may be candidates for moral blame. John Danaher has recently argued that this may lead to a retribution gap, where the human desire for retribution faces a lack of appropriate subjects for retributive blame. The potential social and moral implications of a retribution gap are considerable. I argue that the retributive intuitions that feed into retribution gaps are best understood as deontological intuitions. I apply a debunking argument for deontological intuitions in order to show that retributive intuitions cannot be used to justify retributive punishment in cases of robot harm without clear candidates for blame. The fundamental moral question thus becomes what we ought to do with these retributive intuitions, given that they do not justify retribution. I draw a parallel from recent work on implicit biases to make a case for taking moral responsibility for retributive intuitions. In the same way that we can exert some form of control over our unwanted implicit biases, we can and should do so for unjustified retributive intuitions in cases of robot harm.

Friday, February 9, 2018

Robots, Law and the Retribution Gap

John Danaher
Ethics and Information Technology
December 2016, Volume 18, Issue 4, pp 299–309

We are living through an era of increased robotisation. Some authors have already begun to explore the impact of this robotisation on legal rules and practice. In doing so, many highlight potential liability gaps that might arise through robot misbehaviour. Although these gaps are interesting and socially significant, they do not exhaust the possible gaps that might be created by increased robotisation. In this article, I make the case for one of those alternative gaps: the retribution gap. This gap arises from a mismatch between the human desire for retribution and the absence of appropriate subjects of retributive blame. I argue for the potential existence of this gap in an era of increased robotisation; suggest that it is much harder to plug this gap than it is to plug those thus far explored in the literature; and then highlight three important social implications of this gap.

From the Discussion Section

Third, and finally, I have argued that this retributive gap has three potentially significant social implications: (i) it could lead to an increased risk of moral scapegoating; (ii) it could erode confidence in the rule of law; and (iii) it could present a strategic opening for those who favour nonretributive approaches to crime and punishment.

The paper is here.

Tuesday, October 11, 2016

How US prisons violate three principles of criminal justice

Judith Lichtenberg
aeon.co
Originally published September 19, 2016

The United States has 5 per cent of the world’s population but 25 per cent of its prisoners. Right now, 2.2 million people are locked up across the country, and while crime has been decreasing since the 1990s, rates of imprisonment are at historic highs. Americans across the political spectrum are deeply dissatisfied with this state of affairs, and agree that mass incarceration costs too much and achieves too little. But there’s also much disagreement – about the role of systemic racism, about the causes of police violence, about the importance of personal responsibility and retribution.

Nevertheless, people can find common ground on three fundamental moral norms that should govern the use of imprisonment as punishment. First, punishments should be proportional to crimes. Second, like cases should be treated alike. Third, criminal punishment should not do more harm than good. Unfortunately, the US system violates each of these principles.

Proportionality requires that the punishment fit the crime. This is more than a mere cliché. It means punishments should be neither excessive nor insufficient. Imprisonment for a parking ticket would be wrong, but so would a slap on the wrist for rape.

Monday, November 3, 2014

The Value of Vengeance and the Demand for Deterrence.

Molly J. Crockett, Yagiz Özdemir, and Ernst Fehr
Journal of Experimental Psychology: General, Online First Publication, October 6, 2014

Abstract

Humans will incur costs to punish others who violate social norms. Theories of justice highlight 2 motives for punishment: a forward-looking deterrence of future norm violations and a backward-looking retributive desire to harm. Previous studies of costly punishment have not isolated how much people are willing to pay for retribution alone, because typically punishment both inflicts damage (satisfying the retributive motive) and communicates a norm violation (satisfying the deterrence motive). Here, we isolated retributive motives by examining how much people will invest in punishment when the punished individual will never learn about the punishment. Such “hidden” punishment cannot deter future norm violations but was nevertheless frequently used by both 2nd-party victims and 3rd-party observers of norm violations, indicating that retributive motives drive punishment decisions independently from deterrence goals. While self-reports of deterrence motives correlated with deterrence-related punishment behavior, self-reports of retributive motives did not correlate with retributive punishment behavior. Our findings reveal a preference for pure retribution that can lead to punishment without any social benefits.

The entire article is here, behind a paywall.

Thursday, September 18, 2014

Free Will and Punishment

Azim F. Shariff, Joshua D. Greene,  and others
Psychological Science 2014 25: 1563 
originally published online 10 June 2014
DOI: 10.1177/0956797614534693

Abstract

If free-will beliefs support attributions of moral responsibility, then reducing these beliefs should make people less retributive in their attitudes about punishment. Four studies tested this prediction using both measured and manipulated free-will beliefs. Study 1 found that people with weaker free-will beliefs endorsed less retributive, but not consequentialist, attitudes regarding punishment of criminals. Subsequent studies showed that learning about the neural bases of human behavior, through either lab-based manipulations or attendance at an undergraduate neuroscience course, reduced people’s support for retributive punishment (Studies 2–4). These results illustrate that exposure to debates about free will and to scientific research on the neural basis of behavior may have consequences for attributions of moral responsibility.

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As part of the discussion section:

Retributivism plays an important role in the justice system. Historically, much of the motivation for legal punishment has been an institutionalized attempt to sate the public’s retributive desires (Smith, 1759). Legal historian Stephen (1883) famously wrote that “the sentence of the law is to the moral sentiment of the public what a seal is to hot wax” (p. 423). In recent years, justice researchers and advocates have argued for a switch from retributive to restorative justice—a consequentialist approach aimed at repairing the moral imbalances caused by transgressions (Braithwaite, 2002). The current findings suggest that changing attitudes about free will and responsibility may be important to this evolution of legal thinking.

The entire article is here, complete with paywall.