A Conversation Between Dan Dennett and Gregg Caruso
aeon.co
Originally published October 4, 2018
Here is an excerpt:
There are additional concerns as well. As I argue in my Public Health and Safety (2017), the social determinants of criminal behaviour are broadly similar to the social determinants of health. In that work, and elsewhere, I advocate adopting a broad public-health approach for identifying and taking action on these shared social determinants. I focus on how social inequities and systemic injustices affect health outcomes and criminal behaviour, how poverty affects brain development, how offenders often have pre-existing medical conditions (especially mental-health issues), how homelessness and education affects health and safety outcomes, how environmental health is important to both public health and safety, how involvement in the criminal justice system itself can lead to or worsen health and cognitive problems, and how a public-health approach can be successfully applied within the criminal justice system. I argue that, just as it is important to identify and take action on the social determinants of health if we want to improve health outcomes, it is equally important to identify and address the social determinants of criminal behaviour. My fear is that the system of desert you want to preserve leads us to myopically focus on individual responsibility and ultimately prevents us from addressing the systemic causes of criminal behaviour.
Consider, for example, the crazed reaction to [the then US president Barack] Obama’s claim that, ‘if you’ve got a [successful] business, you didn’t build that’ alone. The Republicans were so incensed by this claim that they dedicated the second day of the 2012 Republican National Convention to the theme ‘We Built it!’ Obama’s point, though, was simple, innocuous, and factually correct. To quote him directly: ‘If you’ve been successful, you didn’t get there on your own.’ So, what’s so threatening about this? The answer, I believe, lies in the notion of just deserts. The system of desert keeps alive the belief that if you end up in poverty or prison, this is ‘just’ because you deserve it. Likewise, if you end up succeeding in life, you and you alone are responsible for that success. This way of thinking keeps us locked in the system of blame and shame, and prevents us from addressing the systemic causes of poverty, wealth-inequality, racism, sexism, educational inequity and the like. My suggestion is that we move beyond this, and acknowledge that the lottery of life is not always fair, that luck does not average out in the long run, and that who we are and what we do is ultimately the result of factors beyond our control.
The info is here.
I clipped out the more social-psychological aspect of the conversation. There is a much broader, philosophical component regarding free will earlier in the conversation.
Showing posts with label Retributive Justice. Show all posts
Showing posts with label Retributive Justice. Show all posts
Saturday, November 3, 2018
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.
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.
Friday, March 4, 2016
Does the desire to punish have any place in modern justice?
By Neil Levy
Aeon Magazine
Originally published February 19, 2016
Human beings are a punitive species. Perhaps because we are social animals, and require the cooperation of others to achieve our goals, we are strongly disposed to punish those who take advantage of us. Those who ‘free-ride’, taking benefits to which they are not entitled, are subject to exclusion, the imposition of fines or harsher penalties. Wrongdoing arouses strong emotions in us, whether it is done to us, or to others. Our indignation and resentment have fueled a dizzying variety of punitive practices – ostracism, branding, beheading, quartering, fining, and very many more. The details vary from place to place and time to culture but punishment has been a human universal, because it has been in our evolutionary interests. However, those evolutionary impulses are crude guides to how we should deal with offenders in contemporary society.
Our moral emotions fuel our impulses toward retribution. Retributivists believe that people should be punished because that’s what they deserve. Retributivism is not the only justification for punishment, of course.
The article is here.
Aeon Magazine
Originally published February 19, 2016
Human beings are a punitive species. Perhaps because we are social animals, and require the cooperation of others to achieve our goals, we are strongly disposed to punish those who take advantage of us. Those who ‘free-ride’, taking benefits to which they are not entitled, are subject to exclusion, the imposition of fines or harsher penalties. Wrongdoing arouses strong emotions in us, whether it is done to us, or to others. Our indignation and resentment have fueled a dizzying variety of punitive practices – ostracism, branding, beheading, quartering, fining, and very many more. The details vary from place to place and time to culture but punishment has been a human universal, because it has been in our evolutionary interests. However, those evolutionary impulses are crude guides to how we should deal with offenders in contemporary society.
Our moral emotions fuel our impulses toward retribution. Retributivists believe that people should be punished because that’s what they deserve. Retributivism is not the only justification for punishment, of course.
The article is here.
Monday, December 1, 2014
Legal Theory Lexicon: Justice
By Lawrence Solum
Legal Theory Blog
Originally published November 9, 2014
Introduction
The connection between law and justice is a deep one. We have "Halls of Justice," "Justices of the Supreme Court," and "the administration of justice." We know that "justice" is one of the central concepts of legal theory, but the concept of justice is also vague and ambiguous. This post provides an introductory roadmap to the the idea of justice. Subsequent entries in the Legal Theory Lexicon will cover more particular aspects of this topic such as "distributive justice." As always, this post is aimed at law students (especially first-year law students) with an interest in legal theory.
The entire blog post is here.
Legal Theory Blog
Originally published November 9, 2014
Introduction
The connection between law and justice is a deep one. We have "Halls of Justice," "Justices of the Supreme Court," and "the administration of justice." We know that "justice" is one of the central concepts of legal theory, but the concept of justice is also vague and ambiguous. This post provides an introductory roadmap to the the idea of justice. Subsequent entries in the Legal Theory Lexicon will cover more particular aspects of this topic such as "distributive justice." As always, this post is aimed at law students (especially first-year law students) with an interest in legal theory.
The entire blog post is here.
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