How do we punish others socially, and should we do so? In her 2018 Descartes Lectures for Tilburg University, Linda Radzik explores the informal methods ordinary people use to enforce moral norms, such as telling people off, boycotting businesses, and publicly shaming wrongdoers on social media. Over three lectures, Radzik develops an account of what social punishment is, why it is sometimes permissible, and when it must be withheld. She argues that the proper aim of (...) class='Hi'>social punishment is to put moral pressure on wrongdoers to make amends. Yet the permissibility of applying such pressure turns on the tension between individual desert and social good, as well as the possession of an authority to punish. Responses from Christopher Bennett, George Sher and Glen Pettigrove challenge Radzik's account of social punishment while also offering alternative perspectives on the possible meanings of our responses to wrongdoing. Radzik replies in the closing essay. (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)

This study examines whether penalties issued to Chinese listed companies by securities regulators for violations of corporate law affect the cost of debt, and the moderating role of corporate social responsibility fulfillment on this relationship. Our sample consists of firms listed on Shanghai and Shenzhen stock exchanges from 2011 to 2017 and the data are collected from the announcements of China Securities Regulatory Commission. The findings are as follows: punishment announcements by regulatory authorities increase the cost of debt; (...) and the effect of punishment announcements on the cost of debt is partially offset by prior CSR performance. These findings are shown to be robust. The reputation insurance effect of CSR is more pronounced in state-owned enterprises and in an institutional environment with low marketization, a weak legal environment, and low information transparency. The findings support the reputation insurance hypothesis of CSR and employ the cost of debt as a governance mechanism. (shrink)

Journal of Social Philosophy, EarlyView.

Current evolutionary and cognitive theories of religion posit that supernatural agent concepts emerge from cognitive systems such as theory of mind and social cognition. Some argue that these concepts evolved to maintain social order by minimizing antisocial behavior. If these theories are correct, then people should process information about supernatural agents’ socially strategic knowledge more quickly than non-strategic knowledge. Furthermore, agents’ knowledge of immoral and uncooperative social behaviors should be especially accessible to people. To examine these hypotheses, (...) we measured response-times to questions about the knowledge attributed to four different agents—God, Santa Claus, a fictional surveillance government, and omniscient but non-interfering aliens—that vary in their omniscience, moral concern, ability to punish, and how supernatural they are. As anticipated, participants respond more quickly to questions about agents’ socially strategic knowledge than non-strategic knowledge, but only when agents are able to punish. (shrink)

Antisocial punishment—punishment of pro-social cooperators—has shown to be detrimental for the efficiency of informal punishment mechanisms in public goods games. The motives behind antisocial punishment acts are not yet well understood. This article shows that inequality aversion predicts antisocial punishment in public goods games with punishment. The model by Fehr and Schmidt (Q J Econ 114(3): 817–868, 1999) allows to derive conditions under which antisocial punishment occurs. With data from three studies (...) on public goods games with punishment I evaluate the predictions. A majority of the observed antisocial punishment acts are not compatible with inequality aversion. These results suggest that the desire to equalize payoffs is not a major determinant of antisocial punishment. (shrink)

The punishment of social misconduct is a powerful mechanism for stabilizing high levels of cooperation among unrelated individuals. It is regularly assumed that humans have a universal disposition to punish social norm violators, which is sometimes labelled “universal structure of human morality” or “pure aversion to social betrayal”. Here we present evidence that, contrary to this hypothesis, the propensity to punish a moral norm violator varies among participants with different career trajectories. In anonymous real-life conditions, future (...) teachers punished a talented but immoral young violinist: they voted against her in an important music competition when they had been informed of her previous blatant misconduct toward fellow violin students. In contrast, future police officers and high school students did not punish. This variation among socio-professional categories indicates that the punishment of norm violators is not entirely explained by an aversion to social betrayal. We suggest that context specificity plays an important role in normative behaviour; people seem inclined to enforce social norms only in situations that are familiar, relevant for their social category, and possibly strategically advantageous. (shrink)

Punishment is a topic of increasing importance for citizens and policymakers. Why should we punish criminals? Which theory of punishment is most compelling? Is the death penalty ever justified? These questions and many more are examined in this highly engaging and accessible guide. Punishment (2nd edition) is a critical introduction to the philosophy of punishment, offering a new and refreshing approach that will benefit readers of all backgrounds and interests. The first comprehensive critical guide to examine (...) all leading contemporary theories of punishments, this book explores – among others – retribution, the communicative theory of punishment, restorative justice and the unified theory of punishment. Thom Brooks applies these theories to several case studies in detail, including capital punishment, juvenile offending and domestic violence. Punishment highlights the problems and prospects of different approaches in order to argue for a more pluralistic and compelling perspective that is novel and ground-breaking. This second edition has extensive revisions and updates to all chapters, including an all-new chapter on the unified theory substantively redrafted and new chapters on cyber-crimes and social media as well as corporate crimes. Punishment is essential reading for undergraduate and graduate students in philosophy, criminal justice, criminology, justice studies, law, political science and sociology. "Lucid, fair-minded, and well-informed, Thom Brooks’ Punishment offers a superb introduction to a complex and contentious subject. Many a perplexed student will find illumination in his patient discussion of each of the leading theories. The way Brooks shows their interconnectedness and application in practice – to capital punishment, juvenile offenders, domestic violence, and the like – will interest not only students but scholars as well." ―Stuart P. Green, Distinguished Professor of Law and Nathan L. Jacobs Scholar, Rutgers School of Law "As a topic in moral and political philosophy, punishment has been jolted back to life. In the last quarter century, retribution has returned with a vengeance, both in the theoretical literature and (with a very different emphasis) in public policy. The rise of the victim as a player in the criminal justice system has also fuelled a counter-trend, placing an emphasis on redress. Human rights, privatization, globalization, the rise of the therapist, the lobbyist, the terrorist: all have affected our ways of punishing and of thinking about punishment. A new survey of the terrain is overdue. And who better to conduct it than Thom Brooks, whose grasp of the literature and feel for the issues is second to none? From the noble ideals of ‘communicative’ theory to the grim realities of children in prison: in Punishment Brooks covers it all with insight, rigour, and energy." ―John Gardner, Professor of Jurisprudence, University of Oxford "Thom Brooks has produced a valuable introduction to, and critical survey of, current theoretical approaches to punishment together with an analysis of their implications for practice. In addition, he has provided a spirited defence of a new, unified theory inspired by the British Idealists and encompassing retributive, consequentialist, and restorative elements. Written in a lucid and engaging style, the book will interest a wide range of readers – students, theorists of punishment, as well as those engaged in criminal justice policy." ―Alan Brudner, Albert Abel Professor Emeritus, Faculty of Law, University of Toronto. (shrink)

The current study examined whether Callous-Unemotional (CU) traits, a core component of psychopathy, modulate neural responses of participants engaged in a social exchange game. In this task, participants were offered an allocation of money and then given the chance to punish the offerer. Twenty youth participated and responses to both offers and the participant’s punishment (or not) of these offers were examined. Increasingly unfair offers were associated with increased dorsal anterior cingulate cortex (dACC) activity but this responsiveness was (...) not modulated by CU traits. Increasing punishment of unfair offers was associated with increased dACC and anterior insula activity and this activity was modulated by CU traits. Higher CU trait participants showed a weaker association between activity and punishment level. These data suggest that CU traits are associated with appropriate expectations of other individual’s normative behavior but weaker representations of such information when guiding behavior of the self. (shrink)

In this study we test how the composition of crime news articles contributes to reader perceptions of the moral blameworthiness of vehicular homicide offenders. After employing a rigorous process to develop realistic experimental vignettes about vehicular homicide in Minnesota, we deploy a survey to test differential assignments of suggested punishment. We find that readers respond to having very little information by choosing neutral or mid-point levels of punishment, but increase recommended punishment based on information about morally charged (...) conduct. By contrast, information about the perpetrator’s immigration status caused respondents to split into two groups on whether the offense deserves neutral or increased punishment. We find that political ideology strongly influences recommendations for more severe punishment when the immigration status of the perpetrator is revealed. We argue that this difference represents a moral dimension to punishment and blameworthiness that incorporates factors outside the active offense and therefore reveals the social influence of differential reporting in shaping public perception. (shrink)

Michel Foucault's Surveiller et punir: Naissance de la prison or Discipline and Punish was his first work since his election to the Chair in the History of Systems of Thought at the Collège de France. Soon after his inaugural address, he announced the formation of the organization Groupe d'Information sur les Prisons (GIP). Due to Foucault's visibility as a social activist for prison reform, Discipline and Punish was received not just as a socio‐historical or philosophical analysis but as a (...) work of radical social criticism. This chapter reviews (1) the context in which Foucault wrote this work; (2) its structure and central themes; (3) its initial reception; and (4) its general place in Foucault's oeuvre and its influence. The English publication of Discipline and Punish and the first History of Sexuality gave rise to an entirely new field of inquiry – queer theory. (shrink)

Philosophers have focused on why privacy is of value to innocent people with nothing to hide. I argue that for people who do have something to hide, such as a past crime, or bad behavior in a public place, informational privacy can be important for avoiding undeserved or disproportionate non-legal punishment. Against the objection that one cannot expect privacy in public facts, I argue that I might have a legitimate privacy interest in public facts that are not readily accessible, (...) or in details of a public fact that implicate my dignity, or in not having a public fact memorialized and spread to more people than I willingly exposed myself to. (shrink)

The social sciences are predominantly seen by their practitioners as critical endeavours, which should inform criticism of harmful institutions, beliefs and practices. Accordingly, political attacks on the social sciences are often interpreted as revealing an unwillingness to accept criticism and an acquiescence with the status quo. But this dominant view of the political implications of social scientific knowledge misses the fact that people can also be outraged by what they see as its apologetic potential, namely that it (...) provides excuses or justifications for people doing bad things, preventing them from being rightfully blamed and punished. This introduction to the special issue sketches the long history of debates about the exculpatory and justificatory consequences of social science and lays the foundations for a theory of social scientific apologia by examining three main aspects: what social and cognitive processes motivate this type of accusation, how social theorists respond to it and whether different contexts of circulation of ideas affect how these controversies unfold. (shrink)

Written by interdisciplinary authors from the fields of educational policy, early childhood education, history, political philosophy, law, and moral philosophy, this volume addresses the use of disciplinary action across varied educational contexts. Much of the punishment of children occurs in non-criminal contexts, in educational and social settings, and schools are institutions where young people are subject to disciplinary practices and justifications that are quite unlike those found elsewhere. In addition to this, the discipline they receive is often discriminatory, (...) being disproportionately focused on students of colour and other minoritized identities, and unjust in other ways. This timely text is a comprehensive examination of punishment in schools, prompting discussions on racial equity, social justice in education and the school to prison pipeline. Each chapter offers empirically informed, theoretical investigations into punishment in educational settings, including how punishment is understood, whether it is permissible to discipline students, and whether such punishment can be considered educational. (shrink)

This paper focuses on the role of punishment as a critical social mechanism for cheating prevention in MMORPGs. The role of punishment is empirically investigated in a case study of the MMORPG Tibia and by focusing on the use of bots to cheat. We describe the failure of punishment in Tibia, which is perceived by players as one of the elements facilitating the proliferation of bots. In this process some players act as a moral enterprising group (...) contributing to the reform of the game rules and in particular to the reform of the Tibia punishment system by the game company. In the conclusion we consider the ethical issues raised by our findings and we propose some general reflections on the role of punishment and social mechanisms for the governance of online worlds more generally. (shrink)

The spreading of reputational information about group members through gossip represents a widespread, efficient, and low-cost form of punishment. Research shows that negative arousal states motivate individuals to gossip about the transgressions of group members. By sharing information in this way groups are better able to promote cooperation and maintain social control and order.

The article develops an explanation of corporal punishment (CP) as an expression of family violence by developing a multi-level, conciliatory model of human behavior. The synthesis builds upon a review of the relevant analytic approaches and empirical evidence spanning multiple levels of human behavior to include five interrelated frameworks: (1) behavioral investment; (2) socialization; (3) cultural justification; (4) social location; and (5) societal context. The analytic levels highlight the various explanatory principles that address questions relevant mainly to investigators (...) who study behavior in terms of different levels of informational complexity. The paper outlines the most important factors that shape the use and non-use of CP within family settings. The model identifies key ontogenetic and biophysiological factors linked to the fitness of parents’ offspring, along with primary socialization processes and cultural justification mechanisms that increase the probability of the intergenerational transmission of violence. In addition, the model identifies the sociological dimensions of family relationships and the importance of social locational variables in shaping parental usage of CP, as well as the importance of communities and institutions as situated within sociocultural contexts. The main conclusion suggests that to understand and explain more fully why human beings use violence in the context of familial relationships—including corporal punishment practices—analysts must consider the different influences and possible impacts of factors across all five levels. (shrink)

We suggest that a restorative justice critique of current retributive policy and practice may well be a starting point for the development of more just and more effective approaches to sentencing, both formal and informal, and to a more effective approach to reentry for currently incarcerated persons. While restorative justice principles acknowledge the debt owed by offenders to their victims and victimized communities, this is a debt met neither by inflicting harm on the offender nor by removing the offender's (...) rights as a citizen. As a different normative theory, the measure of justice in a restorative approach is the extent to which harm caused by crime is repaired. While restorative justice may therefore demand a lot of offenders, their supporters, and community members, it also provides for the opportunity for victim input and reparation. Most importantly, the normative theory of restorative justice provides a different currency of repair and healing that could begin to displace the currency of punishment that knows no limits. While a restorative metric would certainly have its own limits and guidelines, the metric of uniformity as the primary gauge of justice process could at least be supplemented with a metric of stakeholder participation, satisfaction, accountability, reparation, and peacemaking. (shrink)

This paper focuses on the role of punishment as a critical social mechanism for cheating prevention in MMORPGs. The role of punishment is empirically investigated in a case study of the MMORPG Tibia (Cipsoft 1997–2011 ) ( http://www.tibia.com ) and by focusing on the use of bots to cheat. We describe the failure of punishment in Tibia, which is perceived by players as one of the elements facilitating the proliferation of bots. In this process some players (...) act as a moral enterprising group contributing to the reform of the game rules and in particular to the reform of the Tibia punishment system by the game company. In the conclusion we consider the ethical issues raised by our findings and we propose some general reflections on the role of punishment and social mechanisms for the governance of online worlds more generally. (shrink)

In this study, we reconcile conflicting findings from the extant literature on the impact of tax system parameters on tax noncompliance. We argue that social norms play a role of heuristics facilitating tax payers’ response to the instrumental incentives posed by the systemic parameters, such as tax rate and penalties for evasion, and thus moderate the effect of those parameters on willingness to evade taxes. Relying on a unique survey experiment conducted in fourteen countries of Central-Eastern Europe, we demonstrate (...) two types of a conditioning effect of norms. First, the impact of tax rates on respondents’ propensity for tax evasion is moderated by the perceived norms of the society at large. In particular, an increasing tax rate lowers the probability of evasion as long as one views “most others” as honest taxpayers, which highlights the importance of equitability concerns for tax compliance decisions. In contrast, the impact of punishment is moderated by the perceived norms of one’s immediate reference group. Strong subjective compliance norms tend to effectively replace penalties as a mechanism discouraging tax evasion, suggesting that the deterrent effect of a penalty can be entirely suppressed when subjective norms are strong. These findings have important implications for the understanding of tax compliance decisions under different formal and informal regimes. (shrink)

Are humans too generous and too punitive? Many researchers have concluded that classic theories of social evolution (e.g., direct reciprocity, reputation) are not sufficient to explain human cooperation; instead, group selection theories are needed. We think such a move is premature. The leap to these models has been made by moving directly from thinking about selection pressures to predicting patterns of behavior and ignoring the intervening layer of evolved psychology that must mediate this connection. In real world environments, information (...) processing is a non-trivial problem and details of the ecology can dramatically constrain potential solutions, often enabling particular heuristics to be efficient and effective. We argue that making the intervening layer of psychology explicit resolves decades-old mysteries in the evolution of cooperation and punishment. (shrink)

The increasing debate on corporate ethics raises the question of whether consumers are willing to reward and punish corporate behaviour based on its ethicality. In this context, this article investigates the direct effect on consumers' willingness to pay. Price response to product‐related ethical information is explored in an experiment dealing with social issues in sportswear and environmental issues in consumer electronics. It is shown that in both areas, consumers demonstrate an increased willingness to pay for ethically produced goods. However, (...) the response is subject to a negativity bias. In contrast to prior research that used abstract stimulus measures, a ratio for quantifying this bias is suggested based on consumers' willingness to pay and their price expectations. This measure allows us to analyse a consumer's individual bias. (shrink)

The increasing debate on corporate ethics raises the question of whether consumers are willing to reward and punish corporate behaviour based on its ethicality. In this context, this article investigates the direct effect on consumers' willingness to pay. Price response to product-related ethical information is explored in an experiment dealing with social issues in sportswear and environmental issues in consumer electronics. It is shown that in both areas, consumers demonstrate an increased willingness to pay for ethically produced goods. However, (...) the response is subject to a negativity bias. In contrast to prior research that used abstract stimulus measures, a ratio for quantifying this bias is suggested based on consumers' willingness to pay and their price expectations. This measure allows us to analyse a consumer's individual bias. (shrink)

Social media platforms offer convenient, instantaneous social sharing on a mass scale with tremendous impact on public perceptions, opinions, and behavior. There is a need to understand why information spreads including the human motivations, cognitive processes, and neural dynamics of large-scale sharing. This study introduces a novel approach for investigating the effect social media messaging and in-person discussion has on the inter-brain dynamics within small groups of participants. The psychophysiological impact of information campaigns and narrative messaging within (...) a closed social media environment was assessed using 24-channel wireless EEG. Data were acquired from three- or four-person groups while subjects debated contemporary social issues framed by four scenarios of varying controversy: investing in ethical vs. unethical corporations, selecting travel destination based on social awareness, determining verdict in a murder trial and the punishment of life in prison or death penalty, and decision to vaccinate. Pre-/post-scenario questionnaires assess the effects of the social media information. Inter-brain coherence between subject pairs on each social issue discussed by subjects was analyzed by concordance, agreement vs. disagreement, and by group unanimity, unanimous vs. not unanimous. Subject pairs that agreed on the social issues raised in the scenarios had significantly greater inter-brain coherence in gamma frequency range than disagreeing pairs over cortical regions known to be involved in social interactions. These effects were magnified when comparing groups where subject pairs were unanimous in their stance on the social issues for some but not all scenarios. While there was considerable overlap between scenarios in what EEG channels were significant, there was enough variability to indicate the possibility of scenario-specific effects on inter-brain coherence. (shrink)

The Hon’ble Supreme Court of India, in a landmark judgment, scrapped a draconian law [Section 66 (A)] that gave the police absolute power to put behind bars anybody who was found posting offensive or annoying comments online. This paper aims to examine the take of people on the “Free Speech via Social Media” issue and their attitude towards the way sensitive messages/information are posted, shared and forwarded on social media, especially, Facebook.,The research was carried out on a sample (...) of 200 social media users, all picked up randomly, from five Indian states/Union Territories. Data were collected through a questionnaire, and users were contacted through e-mail. Data collected were analyzed through the Kolmogorov–Smirnov (K-S) Z test.,The findings indicate that hate posts/messages are on the rise, and more and more users are joining in. Besides, prosecution happens only when the aggrieved party is influential or powerful.,The findings of this research give a strong insight into the social media behaviour of users in relation to hate contents/posts. The study establishes the fact that Indian people are in favour of free speech, but with a sense of restraint and responsibility. The work could form the basis for future research on various aspects of hate speech on social media. Researchers could study the trials and prosecutions that have happened over the past few years and whether punishment has acted as a deterrent.,The research is likely to be important for those involved in work on freedom of speech or hate speech through social media. Social networking sites such as Facebook would also get some insights into users’ perception towards free and hate speech mechanism on social media. (shrink)

In this article, we propose to comprehend the corruption mechanisms of tender bidding processes in terms of Human Resource Management (HRM) practices within informal networks. Taking the context of Kazakhstan, we analyze the behavior of individual actors as members of informal networks. Our analysis shows that both corruption and anti-corruption mechanisms can be explained in terms of HRM practices such as (camouflaged) recruitment (e.g., of powerful government officials via network ties), compensation (e.g., kickbacks for corruption; social recognition (...) or shame for anti-corruption) and performance management (e.g., demonstrative punishment for corruption; extreme formalization, peer pressure or social sanctions for anti-corruption). (shrink)

Numerous laws have passed to move away from criminalising youth who trade sex. Specialised courts have also been established to support youth. Despite proponents' contention that specialised, trauma-informed courts are less punitive than typical interventions, research is limited. This article explores one specialised dependency court's efforts to assist youth ‘at risk’. Drawing on interviews and ethnographic observations, I argue that laws and trauma-informed court interventions intensify the supervision of youth and families while inadvertently concealing the gendered-racialised effects of child welfare (...) system involvement. Ethnographic findings contribute to sociolegal and anti-carceral feminist research on carceral control beyond the criminal legal system. This work also explores the ethics of carceral-trauma entanglements that accompany decriminalisation’s afterlife. (shrink)

In three parts, this volume in the AP-LS series explores the phenomena of captivity and risk management, guided and informed by the theory, method, and policy of psychological jurisprudence. The authors present a controversial thesis that demonstrates how the forces of captivity and risk management are sustained by several interdependent "conditions of control." These conditions impose barriers to justice and set limits on citizenship for one and all. Situated at the nexus of political/social theory, mental health law and jurisprudential (...) ethics, the book examines and critiques constructs such as offenders and victims; self and society; therapeutic and restorative; health; harm; and community. So, too, are three "total confinement" case law data sets on which this analysis is based. The volume stands alone in its efforts to systematically "diagnose" the moral reasoning lodged within prevailing judicial opinions that sustain captivity and risk management practices impacting: (1) the rights of juveniles found competent to stand criminal trial, the mentally ill placed in long-term disciplinary isolation, and sex offenders subjected to civil detention and community re-entry monitoring; (2) the often unmet needs of victims; and (3) the demands of an ordered society. Carefully balancing sophisticated insights with concrete and cutting-edge applications, the book concludes with a series of provocative, yet practical, recommendations for future research and meaningful reform within institutional practice, programming, and policy. (shrink)

The relationship between dementia and criminal behavior perplexes legal and health care systems. Dementia is a progressive clinical syndrome defined by impairment in at least two cognitive domains that interferes with one's activities of daily. Dementia symptoms have been associated with behaviors that violate social norms and constitute criminal actions. A failure to address a gap in policies that support appropriate management of individuals with dementia reflects a failure in our social obligation to care for those who are (...) most vulnerable amongst us. Categorical protections, informed by precedent models applied to juveniles and individuals with psychiatric illness, could help meet a social obligation to provide protections to individuals with dementia. We propose an approach that integrates affirmative defenses to mitigate criminal liability and sentencing restrictions to prevent cruel and unusual punishment. (shrink)

A groundbreaking collection of writings by Michel Foucault and the Prisons Information Group documenting their efforts to expose France’s inhumane treatment of prisoners. Founded by Michel Foucault and others in 1970–71, the Prisons Information Group (GIP) circulated information about the inhumane conditions within the French prison system. Intolerable makes available for the first time in English a fully annotated compilation of materials produced by the GIP during its brief but influential existence, including an exclusive new interview with GIP member Hélène (...) Cixous and writings by Gilles Deleuze and Jean Genet. (shrink)

We investigate the haggling process in bargaining. Using an experimental bargaining game, we find that a first offer has a significant impact on the bargaining outcome even if it is costless to reject. First offers convey information on the player’s reservation value induced by his social preferences. They are most often accepted when they are not above the equal split. However, offers which request much more than the equal split induce punishing counter-offers. The bargaining outcome is therefore critically influenced (...) by the balance of toughness and kindness signalled through the offers made in the haggling phase. (shrink)

Social cooperation often relies on individuals’ spontaneous norm obedience when there is no punishment for violation or reward for compliance. However, people do not consistently follow pro-social norms. Previous studies have suggested that an individual’s tendency toward norm conformity is affected by empirical information (i.e., what others did or would do in a similar situation) as well as by normative information (i.e., what others think one ought to do). Yet little is known about whether people have an (...) intrinsic desire to obtain norm-revealing information. In this paper, we use a dictator game to investigate whether dictators actively seek norm-revealing information and, if so, whether they prefer to get empirical or normative information. Our data show that although the majority of dictators choose to view free information before making decisions, they are equally likely to choose empirical or normative information. However, a large majority (more than 80%) of dictators are not willing to incur even a very small cost for getting information. Our findings help to understand why norm compliance is context-dependent, and highlight the importance of making norm-revealing information salient in order to promote conformity. (shrink)

Abstract‘Counterspeech’ is often presented as a way in which individual citizens can respond to harmful speech while avoiding the potentially coercive and freedom-damaging effects of formal speech restrictions. But counterspeech itself can also undermine freedom by contributing to forms of social punishment that manipulate a speaker’s choice set in uncontrolled ways. Specifically, and by adopting a republican perspective, this paper argues that certain kinds of counterspeech candominatewhen they contribute to unchecked social norms that enable others to interfere (...) arbitrarily with speakers. The presence of such domination can pose just as much a threat to freedom of speech as unchecked formal restrictions by threatening an individual’s discursive status, revealing a problem for those who defend counterspeech as a freedom-protecting alternative. Rather than rejecting both counterspeech and legislation outright, however, this paper argues that the republican principle ofparsimonyought to be exercised when deciding on appropriate harmful speech response. While the principle of parsimony allows for suitably-checked formal punishment for some of the most egregious forms of harmful speech, citizen-led counterspeech must be guided by a reliable set of norms against the use of social punishment where those who do engage in social punishment face certain costs. The presence of robust, widely-known, and reliable norms thus supports both formal and informal responses to harmful speech while maintaining a secure discursive status for all. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Reviewed by:Marx, the Young Hegelians, and the Origins of Radical Social TheoryOmar DahbourWarren Breckman. Marx, the Young Hegelians, and the Origins of Radical Social Theory. Modern European Philosophy. Cambridge: Cambridge University Press, 1998. Pp. xii + 335. Cloth, $54.95.In his new book on the Young Hegelians, Warren Breckman claims that the historical origins of Karl Marx's critique of "bourgeois individualism" remain obscure (4). Breckman's book is an (...) attempt to resituate Marx's philosophy within its original context in order to better understand why Marx was so hostile to liberalism—and especially to the concept of civil society that informs much of liberal thinking on the relation of government to the individual.As Breckman notes, concern with the idea of civil society brings one back to Hegel, who was the first philosopher to theorize this idea in depth (3). So Breckman asks: what was the intellectual path that led from the greatest theorist of civil society, Hegel, to the greatest critic of it, Marx?Breckman's account of this historical trajectory from Hegel to Marx is divided into three stages. The first consists of the last years of Hegel's life, during which he spent much of his time in debate with other leading thinkers, such as his former friend Schelling and the conservative jurist Stahl. The second stage is that of the development of the Young Hegelians' thought after Hegel's death, especially in juxtaposition to the "Old Hegelians" and to the Christian "new right" of the day. In the third stage, Marx differentiated his own position from that of other Young Hegelians.According to Breckman, two concerns dominated debates between the various philosophical camps in 1820s and '30s Germany. One concern was to accurately explain the nature of God. The other was to articulate the proper relation between the personal and transpersonal dimensions of experience. In the first case, all factions during Hegel's lifetime espoused some version of religious belief. The issue was whether belief in God [End Page 290] could be based on a direct, personal faith, as Schelling and the anti-Hegelians maintained, or whether belief was a rational affirmation of a divine being, as Hegel and his followers maintained (33). With the development of a critique of Christian faith by Strauss and Feuerbach, the Young Hegelians shifted their attention to how best to account for belief in God, rather than God as such.In the second case, the role of the self became a paramount concern in "Biedermeier" Germany, where I. H. Fichte (the son of J. G. Fichte), famously declared that "everything is personal" (22). This view was anathema to the Young Hegelians, who rejected the personalism of Schelling and the religious right in arguing that it embodied, not an immediate reality that escaped the purview of reason, but an abstract egoism (95). These two philosophical concerns became increasingly political ones as well when conservative jurists such as Stahl espoused a "personalist" theory of sovereignty in which the person of the sovereign was analogized to the person of God (64).Accordingly, the Young Hegelians linked their critique of religious personalism to a critique of political monarchism. It is at this point that the final steps to advocacy of democracy, and eventually, socialism, were made, especially by Arnold Ruge and Marx. But, according to Breckman, it is this rapid transition from the critique of religion to the critique of politics that led Marx, for instance, to a conflation of the liberal toleration of religion with the Prussian restoration's theological justification of the state (294). In the end, "radical social theory" is based on a "category mistake": liberal individualism is not the same as theological personalism (238).Breckman's study of the Young Hegelians has many virtues. It is particularly good on the political and personal relations of philosophers of sometimes punishing abstractness, such as Hegel and Schelling. There are also illuminating portraits of some virtually forgotten thinkers—for instance, Eduard Gans, the editor of Hegel and teacher of Marx.The problems result from the significance that Breckman claims for his study. If the title of the book is meant to describe this significance, it does not. Marx appears... (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Cancel Culture and the Trope of the ScapegoatA Girardian Defense of the Importance of Contemplative ReadingJoakim Wrethed (bio)What unfolds in this article encompasses violence, language/reading, and ethics. René Girard addresses these topics primarily in terms of mimesis, its potential violence, and the trope of the scapegoat. Still, toward the end of his career and life, he relentlessly pointed out the dangers implicated in the dynamism of these forces. He (...) addressed it clearly in his "apocalyptic book" Battling to the End (2010):I have been accused of repeating myself too often, of turning my theory into a fetish, of using it to explain everything. Yet it has described mechanisms that recent discoveries in neuroscience confirm: imitation is the initial and essential means of learning; it is not something acquired later on. We can escape mimetism only by understanding the laws that govern it. Only by understanding the dangers of imitation can we conceive of authentic identification with the Other. However, we are becoming aware of the primacy of moral relationship at the very time when the atomization of humanity is being realized, and when violence has increased in intensity and unpredictability.1[End Page 15] It is this thin line between necessary/harmless imitation and its dangerous versions that will be the central theme in the analysis. As Girard states, a vast amount of established research confirms that the mimetic impulse is innate.2 We should pay specific attention to "the atomization of humanity," since it zooms in on our contemporary epoch's paradoxical "mass-individualism," evidently tremendously enhanced by information and communication technology (ICT). In order to contribute to Girard's lifework and to extend it beyond his own writing, we outline a few contemporary phenomena that clearly exhibit the primordial dangers of human violence that Girard draws attention to. These phenomena are initially only roughly sketched, but subsequent sections give them sharper relief. The central phenomena are cancel culture, speed, and the reading of literature. Just to be clear, the intended mode of reading should be construed in a broad sense, thus potentially including philosophy and theology, if one is inclined to emphasize the differences between these disciplines and the reading of literature.3Cancel culture in certain ways makes manifest a social welfare society version of escalating violence, indicating that "violence has increased in intensity and unpredictability."4 A succinct definition of cancel culture will initially suffice:Cancel culture refers to ending (or attempting to end) an individual's career or prominence to hold them accountable for immoral behavior. Driven primarily by young progressives, often through social media, cancel culture has attracted controversy since it swept into the national conversation.5This definition can easily be extended into larger historical patterns in which, for instance, colonial crimes are highlighted and demands are raised for contemporary acts of atonement. As Rob Henderson points out, the obvious flip side is that "the swift and decisive nature of cancel culture can stifle debate, and some believe that dialogue is a more productive way to foster change."6 The "swiftness" and the immediate collectable consequences are decisive in their functions as social punishment and exclusion; in other words, digitalized speed accomplishes verdict and punishment in a very short time span, which is a reflection of desire pure and simple. The rapidity from intention to anticipated effect rather resembles an instinctive and violent action more than the forwarding of a carefully thought through argument or statement. The present becomes an invincible ivory tower bristling with power to finally mete out the justice that the erroneous ethics of earlier times were incapable of conceiving and achieving. An always already accelerating modernity speeded up immensely through [End Page 16] the fast growth of information and communication technology (ICT). To be sure, the whole evolution of computer technology is defined primarily in terms of processing speed, together with the quantity of information that can be contained in as small a spatial entity as possible. The present-day reality of having almost everything only one or a few clicks away on a screen—as a modern day realization of the library in Alexandria—enhances the relevance of a phenomenon historians have referred to... (shrink)

Is gossip ever appropriate as a response to other people’s misdeeds or character flaws? Gossip is arguably the most common means through which communities hold people responsible for their vices and transgressions. Yet, gossiping itself is traditionally considered wrong. This essay develops an account of social punishment in order to ask whether gossip can serve as a legitimate means of enforcing moral norms. In the end, however, I argue that gossip is most likely to be permissible where it (...) resembles punishment as little as possible. (shrink)

Online Public Shaming is a form of norm enforcement that involves collectively imposing reputational costs on a person for having a certain kind of moral character. OPS actions aim to disqualify her from public discussion and certain normal human relations. We argue that this constitutes an informal collective punishment that it is presumptively wrong to impose on others. OPS functions as a form of ostracism that fails to show equal basic respect to its targets. Additionally, in seeking to (...) mobilise unconstrained collective power with potentially serious punitive consequences, OPS is incompatible with due process values. (shrink)

Under conditions with a low level of available genetic information, mutualistic private insurance markets will often create broadly just outcomes, even if by accident rather than by design. Normatively acceptable outcomes of this kind would come under threat if insurers were to have increased access to genetic information with substantial predictive content.1 As the availability of relevant individual genetic information grows, mutualistic forms of market-based insurance face a dilemma between either sacrificing individuals’ interests in genetic privacy, or creating conditions for (...) market failure due to adverse selection. My view is therefore that we have good reason to shift towards more solidaristic forms of ‘risk-sharing institutions’ with regard to functions such as life insurance and critical illness insurance, as a way of resolving normative tensions between values of equality, privacy, non-discrimination and autonomy. Such a position, I have argued, does not depend on endorsing any particular conception of social justice, but can be defended on the basis of a number of different plausible accounts of what justice demands.1 Jonathan Pugh argues against my endorsement of a shift towards solidaristic, non-market risk-sharing institutions, and instead argues broadly in favour of the status quo. He holds that it counts against my proposals that they ‘have wide-ranging and highly revisionary implications’, and argues that my approach is mistaken in relying on ‘a single contestable theory’. Pugh offers a purportedly less contestable account of the relevant normative considerations underlying insurance regimes, composed of three …. (shrink)

Human expression is open-ended, versatile, and diverse, ranging from ordinary language use to painting, from exaggerated displays of affection to micro-movements that aid coordination. Here we present and defend the claim that this expressive diversity is united by an interrelated suite of cognitive capacities, the evolved functions of which are the expression and recognition of informative intentions. We describe how evolutionary dynamics normally leash communication to narrow domains of statistical mutual benefit, and how expression is unleashed in humans. The relevant (...) cognitive capacities are cognitive adaptations to living in a partner choice social ecology; and they are, correspondingly, part of the ordinarily developing human cognitive phenotype, emerging early and reliably in ontogeny. In other words, we identify distinctive features of our species' social ecology to explain how and why humans, and only humans, evolved the cognitive capacities that, in turn, lead to massive diversity and open-endedness in means and modes of expression. Language use is but one of these modes of expression, albeit one of manifestly high importance. We make cross-species comparisons, describe how the relevant cognitive capacities can evolve in a gradual manner, and survey how unleashed expression facilitates not only language use, but also novel behaviour in many other domains too, focusing on the examples of joint action, teaching, punishment, and art, all of which are ubiquitous in human societies but relatively rare in other species. Much of this diversity derives from graded aspects of human expression, which can be used to satisfy informative intentions in creative and new ways. We aim to help reorient cognitive pragmatics, as a phenomenon that is not a supplement to linguistic communication and on the periphery of language science, but rather the foundation of the many of the most distinctive features of human behaviour, society, and culture. (shrink)

Linda Radzick's new book, _The Ethics of Social Punishment_, contains an important discussion of punishment outside the context of the state. By way of celebrating this fine and welcome book, I try to probe some analytical contours concerning punishment seen from the general perspective on which Radzick and I agree. I suggest altogether abandoning the idea that (non-state) punishment needs to be inflicted by an authority. Furthermore, I insist on an account of retributivism that resists the (...) usual accusations of barbarism and bloodthirstiness. (shrink)

Parrhesia first appeared in Greek literature in the fifth century BC. Essentially, parrhesia refers to being granted the liberty to speak freely and openly without being deemed insubordinate to someone of greater authority and could otherwise lead to punishment or death. Parrhesia allows one to speak truth to power, essentially benefiting the one in power who lacks insight into the truth of a situation. In his book, Filosoferen met kinderen op de basisschool: een complexe activiteit, Berrie Heesen describes how (...) doing philosophy with children is a form of parrhesia in that it encourages children to speak freely and openly. Parrhesia changes the adult/child relationship. Taken seriously by adults as full-fledged human beings creates a space for children to take themselves seriously while also being held responsible for what they think and feel. By giving reasons for their thoughts and feelings, and listening to those of their peers, children not only become critical listeners of others but also of themselves. They learn that what they think and feel matters — that they matter in the eyes of others and themselves, raising their self-esteem as well. In the process, children also develop their own touchstones of reality. Moreover, (self-) scrutiny is essential to feeling whole and grounded in who we are, giving us a sense of purpose and direction. (shrink)

This dissertation identifies and responds to a problem for liberal relational egalitarians. There is a prima facie worry about the compatibility of liberalism and relational egalitarianism, concerning the requirements of equality in informal social life. Liberalism at least involves a commitment to leaving individuals substantial discretion to pursue their own conceptions of the good. Relational equality is best understood as a kind of deliberative practice about social institutions and practices. Patterns of otherwise innocuous social choices (e.g., (...) where to live, whom to befriend or marry) can create emergent, severe differentials in power, status, and influence, and when they do they can threaten relational equality. If relational equality required individuals to subordinate personal choices to egalitarian considerations, it would run into conflict with liberal commitments. In response, I defend the value of accepting an imperfect realization of relational equality. What I call fair relational equality demands that members of society treat some informal social norms and practices as part of the basic structure of society, in need of justification. Three practices are required to meet that demand. First, the relational-egalitarian society must develop institutional strategies to preempt or mitigate tendencies toward emergent inequality as they are identified. Second, members of society must engage in broad social deliberation about the norms and expectations of informal social interaction. Third, they must be willing to reform social practices where doing so does not impinge on important personal projects and values. (shrink)

Criminal law scholars approach legality in various ways. Some scholars eschew over-arching principles and proceed directly to one or more distinct “rules”: (1) the rule against retroactive criminalization; (2) the rule that criminal statutes be construed narrowly; (3) the rule against the judicial creation of common-law offenses; and (4) the rule that vague criminal statutes are void. Other scholars seek a single principle, i.e., the “principle of legality,” that they claim underlies the four rules. In contrast, I believe that both (...) approaches are misguided. There is no such thing as a single “principle of legality;” yet, the four aforementioned rules are not unrelated to each other. The so-called “principle of legality” consists of two distinct norms that derive, respectively, from two fundamental principles of criminal justice, viz., the principle, “No person shall be punished in the absence of a bad mind,” and the principle that underlies the maxim, “Every person is presumed innocent until proven guilty.” The first norm of legality explains the rules regarding ex post facto legislation, and rules regarding “notice” and “fair warning” of judicial decisions. When a person is punished for violating a rule that was non-existent or unclear at the time he acted, he is punished for conduct that the state now condemns and seeks to prevent by means of penal sanctions. Accordingly, at the time the person is prosecuted, his claim is not that he did not do anything that the state regards as wrong, but, rather, that he neither knew nor should have known that he was doing something that the state would come to regard as wrong. He ought, indeed, to be excused for his mistake, but only because of a principle that is common to excuses generally: “No person ought to be punished in the absence of a guilty mind.” He should be excused because even when a person does something the state condemns and seeks to prevent, he ought not to be blamed for it unless he was motivated in a certain way, namely, by an attitude of disrespect for the legitimate interests of the political community by whose norms he is bound.The second norm of legality informs several of the remaining rules, though not all of them. The second norm is that a person ought not to be punished in the name of a political community unless it can confidently be said that the community officially regards his conduct as warranting the criminal punishment at issue. It is a norm that is most commonly associated with the rule of lenity, but it is not confined to the construction of statutes that are ambiguous or vague. It can also be also violated when a person is punished for violating a statute that has fallen into desuetude, regardless of how widely promulgated or narrowly defined the statute may be. This second norm derives from a principle that also underlies the presumption of innocence - the only difference being that the presumption of innocence is a preference for acquittal in the event of uncertainty regarding the facts which an actor is charged, while the second norm of legality is a preference for acquittal in the event of uncertainty regarding the scope of the offense which he is charged.Nevertheless, one “rule” remains that this analysis throws into question - namely, the rule that “vague” criminal statutes are void. Criminal statutes are sometimes so broadly defined that they do, indeed, infringe constitutionally protected rights of speech, movement, etc. - in which event they ought to be invalidated on those very grounds. And criminal statutes are sometimes so broadly drafted that, before applying them, courts ought to construe them to apply only to constitutionally unprotected acts that courts can confidently say the relevant political community regards as warranting punishment. But once statutes are so construed to apply only to constitutionally unprotected conduct, courts have no further reason to invalidate them on grounds of “vagueness.” Lack of “notice” is no reason to invalidate them because, with respect to the narrowly defined conduct such statutes are construed to prohibit, “common social duty” alone ought to alert actors that their conduct is suspect. (shrink)

The idea that victims of social injustice who commit crimes ought not to be subject to punishment has attracted serious attention in recent legal and political philosophy. R. A. Duff has argued, for example, a states that perpetrates social injustice lacks the standing to punish victims of such injustice who commit crimes. A crucial premiss in his argument concerns the fact that when courts in liberal society mete out legitimate criminal punishments, they are conceived as acting in (...) the name of all citizens—on behalf of the whole political community. Resisting this premiss, Peter Chau has suggested that courts ought to be conceived as acting only in the name of “just citizens”: citizens who cannot be plausibly seen as having contributed to distributive injustice. When conceived in this way, Chau argues, courts can no longer plausibly be regarded as lacking standing to punish. This article uses the debate between Duff and Chau to explain why the question of whether to punish socially deprived offenders can only be answered adequately when connected to broader concerns of democratic theory. Specifically, it argues that Chau’s proposal is not available within the context of the kind of political community upon which (Duff rightly believes) a system of liberal criminal law depends for its justification and maintenance: a community in which citizens see the law as embodying shared norms whose specific demands they disagree about. State officials are morally permitted to see themselves as acting on behalf of a subset of the citizenry, I argue, only in circumstances of democratic crisis : circumstances in which a moral community can no longer be plausibly said to exist. (shrink)

Quite shortly after the Prisons Information Group (GIP) was formed, Michel Foucault delivered a public announcement in which he called for a generalized practice of “active intolerance” against a wide range of disciplinary institutions. Due to three consistent scholarly reductions of the GIP’s legacy, the sense of “active intolerance” remains nebulous at best. Cast, by turns, as merely the offshoot of Foucauldian theory, a point of prison data collection, or a short-lived social movement (forgetting its lengthy successor: the Prisoners (...) Action Committee), the GIP has been regularly interpreted as a relatively circumscribed intellectual enterprise. Against these three reductions, we develop an account of the GIP as an inherently collaborative abolitionist effort that was trained on subjugated knowledges. And this, in fact, is the work of active intolerance. (shrink)

Informal political representation can be a political lifeline, particularly for oppressed and marginalized groups. Such representation can give these groups some say, however mediate, partial, and imperfect, in how things go for them. Coeval with the political goods such representation offers these groups are its particular dangers to them. Mindful of these dangers, skeptics challenge the practice for being, inter alia, unaccountable, unauthorized, inegalitarian, and oppressive. These challenges provide strong pro tanto reasons to think the practice morally impermissible. This (...) paper considers the question: On what conditions is the informal political representation of oppressed and marginalized groups permissible? By responding to skeptics’ challenges, I develop a systematic account of moral constraints that, if adopted, would make such representation permissible. The account that emerges shows that informal political representatives (IPRs) must aim to fulfill two sets of sometimes conflicting duties to the represented: democracy within duties, which concern how the representative treats and relates to the represented, and justice without duties, which concern how the representative’s actions advance the aims of the representation. (shrink)

The ‘agents’ of toleration can be divided into three categories: public institutions, groups and individuals. If it is mostly accepted that both public institutions and individuals are capable of toleration, it is not clear that such a capacity can be attributed to groups, although in daily discourse we seem ready to say that a certain social group is (in)tolerant. This article aims to address this issue by investigating the relationship between collective agency and social groups. Formal groups (e.g. (...) corporations) have internal rules and collectively recognized decision-making procedures that constitute a collective behaviour. However, it is not clear if and in what sense such a capacity is also upheld by informal groups. This article discusses some competing criteria to define informal groups and proposes the shared convictions criterion. In conclusion, this criterion is applied to toleration-related issues, so as to reconcile our ordinary understanding of groups’ toleration with a more technical analysis. (shrink)