Showing posts with label criminal punishment. Show all posts
Showing posts with label criminal punishment. Show all posts

Saturday, April 03, 2021

Lewis on retribution, revenge, and mercy

 For Lewis punishment is about retribution,  which is different from revenge. Revenge is not limited by what someone deserves, and typically when people take revenge, the do more to them than what they did to the other person. When you give someone what they deserve, you can't hurt them more than they deserve, and Lewis is open to saying that courts can be merciful and, for a good reason, give people less than they deserve. 


See here. 

Two Australian penologists responded, here, as did Australian philosopher J. J. C. Smart, here, who in spite of famously becoming an act utilitarian, seems to have been a rule utilitarian at this point. Lewis responded here. 

Tuesday, June 29, 2010

Determinism and the case of Jamie Bulger

HT: Sarah Kramer.

Is there a universal, common-sense, belief in free will?

What the argument doesn't mention, of course, is whether this belief in free will can be construed in compatibilist terms. I don't think it captures the underlying intuition, myself.

Just so you know, I am not claiming that this disproves Calvinism.

Thursday, March 18, 2010

C. S. Lewis's famous essay on the humanitarian theory of punishment

A redated post. This seems to have gotten some discussion just today. Also, see this essay by a Brandeis University sophomore (!) which brings the discussion of Lewis on punishment up to date. 

This is the famous essay in which Lewis defends a retributive theory of criminal punishment. Should criminal punishment be retributive?

I am redating this post once again to show how, in present-day secular thinking, the idea of what a person deserves has a tendency to drop out. This is something that has to be sorted out when we talk about moral responsibility. Remember, Lewis wrote the essay because he thought the idea of punishment based on desert was in danger of being lost.

Tuesday, March 16, 2010

Punishment, freedom, and determinism

This post was prepared for my ethics course.

This section is devoted to two topics: One is freedom and determinism, and the other is criminal punishment. Although the issues seem to be very separate, I have put them together for a reason. One significant motivation for criminal punishment has been the issue of desert. That is pronounced like dessert, but it comes from the same root word as the word deserve. Now there are other reasons, perhaps, for criminal punishment (deterrence, protection of society, etc.), but some people think criminal punishment is first and foremost about giving people what they deserve.




On the other hand, we might ask why one person is virtuous and the other vicious? How did Mother Teresa end up the way she did, and how did Jeffrey Dahmer end up the way he did? Are they both simply the inevitable products of heredity, environment, or even (if you believe in God), God's predestination, or fore-ordination of all events before the foundation of the world (a belief held by Calvinists even today). Is it possible that if Jeffrey had had Teresa's heredity and environment, he (she?) would have been virtuous, and if Teresa had had Jeffrey's heredity and environment, she would have been a serial killer? This is the thesis of determinism, and some people have the inclination to withdraw claims of desert when they start thinking things through from a deterministic perspective. The line of thought leads us to think that the very idea of one person deserving one outcome, and another deserving another outcome, doesn't make sense. But this is a difficult conclusion to accept, it is the idea that in the last analysis, nothing is really anyone's fault, since their actions are the inevitable result of what came before.



There are a couple of ways of responding to this. The first approach, taken by philosophers such as Moritz Schlick and J. J. C. Smart, suggests that what moral responsiblity is all about it finding the right behavior to modify. They maintain that the very idea of deserving punishment is a barbaric notion we need to just get over.



The second approach is to say that looking all the way up the causal chain and seeing someone's actions as the result of past causes obscures the most important fact, and that is the fact that the person not only performed the act, but wanted to perform the act. It wasn't as if Jeffrey Dahmer wanted to be virtuous, but some alien power forced him to commit murder against his will. No, these crimes were willed actions, however inevitably they might have followed from past events.



The third option is the option of libertarian free will. When we act, we can do otherwise. Perhaps this kind of free will is a gift from God. Even the physical world, if we accept what modern physicists tell us, isn't strictly determined. So, perhaps, our actions aren't strictly determined either.



So, I would ask two questions: Can we talk about what people deserve? To do so, do we have to reject determinism? If we can deserve something good for doing something good, and deserve something bad for doing something bad, should that be the primary basis on which we determine how criminals should be punished? And does it provide a basis for the traditional doctrine of eternal hell?

Wednesday, June 27, 2007

Punishing the innocent by mistake

Is it better for a hundred guilty criminals to go free than for an innocent person to be wrongfully convicted and deprived of their liberty? Why do you think this? Does this affect how you think when it comes to the death penalty?