In this paper, I argue that one approach to normative political theory, namely contextualism, can benefit from a specific kind of historical inquiry, namely genealogy, because the latter provides a solution to a deep-seated problem for the former. This problem consists in a lack of critical distance and originates from the justificatory role that contextualist approaches attribute to contextual facts. I compare two approaches to genealogical reconstruction, namely the historiographical method pioneered by Foucault and the hybrid method of pragmatic genealogy (...) as practiced by Bernard Williams, arguing that they both ensure an increase in critical distance while preserving contextualism’s distinctiveness. I also show, however, that only the latter provides normative action-guidance and can thus assist the contextualist theorist in the crucial task of discerning how far certain contextual facts deserve their justificatory role. I prove this point by showing how a pragmatic genealogy of the practice of punishment can inform the contextualist’s reflection about the role this practice should play in a transitional scenario, i.e. in the set of circumstances societies go through in the aftermath of large-scale violence and human rights violations. (shrink)

Economists and biologists have proposed a distinction between two mechanisms – “strong” and “weak” reciprocity – that may explain the evolution of human sociality. Weak reciprocity theorists emphasize the benefits of long-term cooperation and the use of low-cost strategies to deter free-riders. Strong reciprocity theorists, in contrast, claim that cooperation in social dilemma games can be sustained by costly punishment mechanisms, even in one-shot and finitely repeated games. To support this claim, they have generated a large body of evidence (...) concerning the willingness of experimental subjects to punish uncooperative free-riders at a cost to themselves. In this article, I distinguish between a “narrow” and a “wide” reading of the experimental evidence. Under the narrow reading, punishment experiments are just useful devices to measure psychological propensities in controlled laboratory conditions. Under the wide reading, they replicate a mechanism that supports cooperation also in “real-world” situations outside the laboratory. I argue that the wide interpretation must be tested using a combination of laboratory data and evidence about cooperation “in the wild.” In spite of some often-repeated claims, there is no evidence that cooperation in the small egalitarian societies studied by anthropologists is enforced by means of costly punishment. Moreover, studies by economic and social historians show that social dilemmas in the wild are typically solved by institutions that coordinate punishment, reduce its cost, and extend the horizon of cooperation. The lack of field evidence for costly punishment suggests important constraints about what forms of cooperation can or cannot be sustained by means of decentralised policing. (shrink)

I want to discuss philosophically, to glance at the logic of, the parts of this expression “the justification of punishment” and then to draw from this discussion one or two morals for discussions of the justification of punishment. This paper is based on one originally given to the Scots Philosophy Club at its Aberdeen meeting in 1953, as the third part of a symposium on The Justification of Punishment.

This study investigates the ability of individuals with psychopathy to perform passive avoidance learning and whether this ability is modulated by level of reinforcement/punishment. Nineteen psychopathic and 21 comparison individuals, as defined by the Hare Psychopathy Checklist Revised (Hare, 1991), were given a passive avoidance task with a graded reinforcement schedule. Response to each rewarding number gained a point reward specific to that number (i.e., 1, 700, 1400 or 2000 points). Response to each punishing number lost a point (...) class='Hi'>punishment specific to that number (i.e., the loss of 1, 700, 1400 or 2000 points). In line with predictions, individuals with psychopathy made more passive avoidance errors than the comparison individuals. In addition, while the performance of both groups was modulated by level of reward, only the performance of the comparison population was modulated by level of punishment. The results are interpreted with reference to a computational account of the emotional learning impairment in individuals with psychopathy. (shrink)

Shannon Shipp argues for the Modified Vendetta Sanction as a method of corporate-collective punishment. He claims that this sanction evades the difficulties of Peter French's Hester Prynne Sanction. In this paper I argue that, though the Modified Vendetta Sanction evades the problems that Shipp poses for it, it fails to evade some of the difficulties that I pose for French's method. Moreover, there are some difficulties that plague the Modified Vendetta Sanction which do not count against the Hester Prynne (...) Sanction. Therefore, if my analysis holds, then Shipp's method neither improves significantly on the Hester Prynne Sanction nor is unproblematic in its own right. The significance of this paper is that it foils yet another attempt by some corporate punishment theorists to establish the plausibility of a method of corporate-collective punishment. (shrink)

We consider the efficacy of various forms of reinforcement learning with punishment in evolving linguistic conventions in the context of Lewis-Skyrms signalling games. We show that the learning strategy of reinforcement with iterative punishment is highly effective at evolving optimal conventions in even complex signalling games. It is also robust and can be easily extended to a self-tuning variety of reinforcement learning. We briefly discuss some of the virtues of reinforcement with iterative punishment and how it may (...) be related to learning in nature. (shrink)

The current interest in Kant in the North American debate on criminal punishment arise from a deceptive hope: Kant seems as a sort of “antidote” useful to mitigate the results of correctional and merely intimidatory practice. Both the two current interpretations of his philosophy, for their typical post-modern statement, are yet improper and unproductive. Both Kant as a pioneer of so-called “limiting retributivism” and Kant theorist of “pure retributivism”, “purged” of the extreme application of the logic of jus talionis, (...) do offer us an “antidote” that is ineffective against the justified malaise which is rampant amongst the ranks of utilitarians on the other side of the Atlantic. Rather than a genuine medicine, it seems to be a sweetener, designed perhaps to make the unconscionable logic of power more acceptable, but certainly not to limit it. (shrink)

Summary Our basic intuition seems to suggest that the moral biography of an individual matters in our treatment of the individual. We do keep criminal records on file, and we do care about the moral progress of individuals. At times our desire to fix responsibility seems too strong, and in our zeal we invent a definite, metaphysical character on which to pin crimes. However, some moral philosophers have tried to redirect our attention to affix responsibility in a way that attends (...) to actions, deeds done. Two ways to affix responsibility have been reviewed—the SR and the PRA. In the case of Tom Joad we could arrive at the conviction that Tom was responsible through use of either the SR or the PRA. In the end the difference was not that one method held Tom culpable and one exculpated him. The difference was seen in the way the PRA included the earlier commission of the same crime in its evaluation of responsibility. To include in the evaluation of Tom's murder of George the earlier murder of Herb is to entertain a definite theory about the relation of Herb's murderer to George's murderer. I have suggested one possible candidate for that theory, Derek Parfit's theory of person stages. (shrink)

To scholars of Western intellectual history Hegel is one of the most important of all political thinkers, but politicians and other "down-to-earth" persons see his speculative philosophy as far removed from their immediate concerns. Put off by his difficult terminology, many participants in practical politics may also believe that Hegel's idealism unduly legitimates the status quo. By examining his justification of legal punishment, this book introduces a Hegel quite different from these preconceptions: an acute critic of social practices. Mark (...) Tunick draws on recently published but still untranslated lectures of Hegel's philosophy of right to take us to the core of Hegel's political thought. Hegel opposes radical criticism like that later offered by Marx, but, argues Tunick, he employs "immanent" criticism instead. For instance, Hegel claims that punishment is the criminal's right and makes the criminal free. From this standpoint, he defends specific features of the practice of punishment that accord with this retributive ideal and criticizes other features that contradict it. In a lucid account of what Hegel means by right and freedom, Tunick addresses Hegel specialists and those interested in criminal law, the interpretation of legal institutions and social practices, and justification from an immanent standpoint. Originally published in 1992. The Princeton Legacy Library uses the latest print-on-demand technology to again make available previously out-of-print books from the distinguished backlist of Princeton University Press. These paperback editions preserve the original texts of these important books while presenting them in durable paperback editions. The goal of the Princeton Legacy Library is to vastly increase access to the rich scholarly heritage found in the thousands of books published by Princeton University Press since its founding in 1905. (shrink)

The distinctive role played by William Eden in the penal reform debate of the late eighteenth century is examined and his emphasis on leniency in the exercise of punishment is identified. Eden is found to have introduced the notion of ‘public virtue’ into a rights theory paradigm and the implications of this development are explored. Eden's contribution to English penal theory is illustrated by a comparison of his position with those of other leading theorists of the period, and the (...) extent to which Eden's ideas affected English practices of punishment is assessed. (shrink)

Do free will beliefs influence moral judgments? Answers to this question from theoretical and empirical perspectives are controversial. This study attempted to replicate past research and offer theoretical insights by analyzing World Values Survey data from residents of 46 countries (n = 65,111 persons). Corroborating experimental findings, free will beliefs predicted intolerance of unethical behaviors and support for severe criminal punishment. Further, the link between free will beliefs and intolerance of unethical behavior was moderated by variations in countries’ institutional (...) integrity, defined as the degree to which countries had accountable, corruption-free public sectors. Free will beliefs predicted intolerance of unethical behaviors for residents of countries with high and moderate institutional integrity, but this correlation was not seen for countries with low institutional integrity. Free will beliefs predicted support for criminal punishment regardless of countries’ institutional integrity. Results were robust across different operationalizations of institutional integrity and with or without statistical control variables. (shrink)

I argue that legal punishment is morally wrong because it’s too morally risky. I first briefly explain how my argument differs from similar ones in the philosophical literature on legal punishment. Then I explain why legal punishment is morally risky, argue that it’s too morally risky, and discuss objections. In a nutshell, my argument goes as follows. Legal punishment is wrong because we can never sufficiently reduce the risk of doing wrong when we legally punish people. (...) We can never sufficiently reduce this risk because wrongful punishment is much worse than wrongful non-punishment and because punishment’s permissibility depends on the answers to a variety of difficult philosophical questions about which we’re fallible. (shrink)

Purpose Online violence has been rampant in the past decade, intensifying the victims’ suffering owing to its rapid dissemination to vast audiences. This study aims to focus on online gender-based violence directed against young Bedouin women who have left their male-dominated home territory for academic studies. This study examined how the backlash against these students, intended to stop changes in traditional gender roles, is reflected in offensive TikTok videos. Design/methodology/approach This research is based on a qualitative-thematic analysis of 77 questionnaires (...) and 30 semistructured in-depth interviews with first-year female Bedouin students aged 18–21 years. Findings The backlash was widespread, with young Bedouin men using offensive videos as “proof” that women have violated codes of honor and morality. The videos exhibited four types of gender-based violence: claims of immoral behavior, aggressive captions that take the footage out of context, allegations of immodest clothing and digital photo editing that produced fabricated results. Examining participants' reactions to the videos, this study revealed two patterns of response: passive acceptance of the situation and an active approach that included reaching out to powerful Bedouin men for solutions. Originality/value This research enriches the literature on online gender-based violence, particularly against women in traditional societies, and suggests practical steps: developing online media literacy in traditional societies, adopting a proactive approach and nurturing social self-competence in women who have been victims of online gender-based violence. (shrink)

"Do the Crime, Do the Time," is a commonplace formula for the meaning of incarceration. But time is precisely what a person is prevented from doing under conditions of incarceration. The prison regime becomes increasingly inhuman as time is displaced, represented in the extreme manifestation of solitary confinement, where all meaning of time is purged to the point that "the box" in New York houses 4.4 percent of inmates and accounts for 31.6 percent of suicides as reported in 2001.

One in the series New Dialogues in Philosophy, edited by the author himself, Dale Jacquette presents a fictional dialogue over a three-day period on the ethical complexities of capital punishment. Jacquette moves his readers from outlining basic issues in matters of life and death, to questions of justice and compassion, with a concluding dialogue on the conditional and unconditional right to life. Jacquette's characters talk plainly and thoughtfully about the death penalty, and readers are left to determine for themselves (...) how best to think about the morality of putting people to death. (shrink)

Immanuel Kant appears to make both retributivist and consequentialist statements about criminal punishment in the Metaphysical Foundations of the Doctrine of Right. In recent decades, some scholars have argued that Kant’s theory of criminal punishment is a hybrid of consequentialism and retributivism. B. Sharon Byrd’s interpretation is the most influential version of this view. I argue that the textual evidence in favor of the consequentialist side of the hybrid interpretation is weak and the evidence in favor of the (...) retributivist side is non-existent. There are also passages that contradict the interpretation. I conclude that the hybrid interpretation should be abandoned. (shrink)

This paper is concerned with how we ought to think about legitimate expectations in the non-ideal, ‘real’ world. In one (dominant) strand of contemporary theories of justice, justice requires not that each gets what she deserves, but that each gets that to which she is entitled in accordance with what Rawls calls ‘the public rules that specify the scheme of cooperation’. However, that is true only if those public rules are part of a fully just scheme and it is plausibly (...) the case that no such scheme obtains in the real world. Given that, and given the centrality of legitimate expectations to theories of justice, it is vital to think about the status of such expectations in non-ideal circumstances. Having explained the sense in which legitimate expectations have come to play a role often previously associated with desert, a brief argument in favour of an ‘expectations’ view of punishment is considered to show that the system to public rules that generates expectations must itself be (in some sense) just. This argument is illustrated by appeal to just punishment and the relevance of thinking about punishment and not merely distributive justice is defended. In the absence of justice, one possibility would be simply to declare that there are no legitimate expectations and so theories of justice provide no guidance as to who should get what in non-ideal conditions. However, this would be to render such theories more-or-less useless in practice. Through discussion of a series of vignettes, the paper offers an account of how we might think about the demands such expectations place on the systems that give rise to them even in cases where the system is unjust. (shrink)

An attempt to vindicate Retributivism as a moral theory has been made by Professor Winch in the context of a discussion of punishment and reward as non-institutional concepts. His method is to divorce the concepts from the institutions of punishment and reward by considering them as they feature in the recipient's consciousness. It is in the area of the agent's awareness of his relation to his past actions that Retributivism can be made to flourish again and its moral (...) content revealed. I am in sympathy with Winch's attempt to reinstate the theory but, whatever the strengths of his position, there seem to be insuperable difficulties for the approach that takes the recipient's state of mind as having priority over the institutions. I shall examine Winch's argument in order to show that the Utilitarian theory cannot be so easily jettisoned and that the truth would seem to lie in a compatibilism between the two. (shrink)

Two experiments were run to demonstrate the presence of a partial reinforcement extinction effect (PREE) and a partial punishment effect (PPE) 4 weeks after training in a 1-trial/day procedure. In the PREE paradigm, two groups of animals were trained to run a straight alley for food reward; one group was rewarded on every trial (CRF), whereas the other was rewarded on only 50% of the trials (PRF). In the test phase, extinction, no reward was present on any trial. Four (...) weeks after the end of acquisition, and subsequent to 7 days of CRF retraining, PRF animals showed greater resistance to extinction than did their CRF controls. The PPE paradigm resembled the PREE paradigm in all aspects, except that mild electric foot shock, together with the food reward, was used instead of nonreward on 50% of the acquisition trials. In the test phase, all animals were shocked and given a food reward on every trial. Four weeks after the end of acquisition and retraining, the animals with previous experience of shock in acquisition showed greater resistance to punishment than did their controls. (shrink)

The aim of this paper is to present a solution to a problem that arises from the fact that people who commit crimes under the influence of serious mental disorders may still have a capacity to refuse treatment. Several ethicists have argued that the present legislation concerning involuntary treatment of people with mental disorder is discriminatory and should change to the effect that psychiatric patients can refuse care on the same grounds as patients in somatic care. However, people with mental (...) disorders who have committed crimes and been exempted from criminal responsibility would then fall outside the scope of criminal justice as well as that of the psychiatric institutions if they were to refuse care. In this paper, I present and develop a solution to how society should deal with this group of people, called Advance criminal responsibility. The basic idea being that if a person with a potentially responsibility exempting psychiatric condition refuses care, that person is responsible for any future criminal acts which are due to the mental disorder. (shrink)

This article presents Kautilya, the most important thinker in the tradition of statecraft in India. Kautilya has influenced ideas of war and violence in much of South- and Southeast Asia and he is of great importance for a comparative understanding of the ethics of war. The violence inflicted by the king on internal and external enemies is pivotal for the maintenance of an ordered society, according to Kautilya. Prudence and treason are hallmarks of Kautilya's world. The article shows that this (...) realist and cynical view of politics is very different from other traditions in India, especially the religious tradition of the epic literature, where war is a game and chivalry is paramount. I conclude that Kautilya's tradition has something in common with the Clausewitzean philosophy of war. (shrink)

I explore the evolution of strategies in an Augmented Stag Hunt game that adds a punishing strategy to the ordinary Stag Hunt strategies of cooperating, which aims for optimality, and defecting, which “plays it safe.” Cooperating weakly dominates punishing and defecting is the unique evolutionarily stable strategy. Nevertheless, for a wide class of Augmented Stag Hunts, polymorphic strategies combining punishing and cooperating collectively have greater attracting power for replicator dynamics than that of the ESS. The analysis here lends theoretical support (...) to the altruistic punishment hypothesis in the social sciences. (shrink)