The data were collected during 9.5 months of field work by Sarah Mathew from 2008– 2010. Participants were a representative sample of adult men reliant on nomadic pastoralism for their livelihood. We recruited them in a town close to the ethnic border frequented by nomadic Turkana who live in the surrounding 50 km radius. Recruitment was done with the help of trained local Turkana research assistants. The RA approached potential participants, briefly introduced them to the study, and then asked them (...) to participate. If they agreed, they were brought to the study site described below. We conducted the study in the town center because the risk of raids in the surrounding nomadic settlements was high. We did not recruit from the settled Turkana population in this town center as they are Turkana who have actively pursued schooling and professions outside the pastoral sector, or were forced out of subsistence pastoralism after droughts, epidemics or raids. Nomadic Turkana frequent the perimeter of the town center for a variety of reasons as it is an important trading center and is adjacent to dry season watering holes. Herders from surrounding nomadic settlements frequent the market to sell an animal and purchase tobacco, tea, sugar and flour. Turkana women come to sell milk and collect relief food. Nomadic Turkana periodically come to town to visit their settled relatives. A river runs along the perimeter of town. The wells dug in the dry bed of the river provide water for 1 surrounding nomadic settlements and so herdsmen frequently bring their livestock for watering to the perimeter of town from where we can recruit them.To ensure that our sample is representative of herders within the town perimeter on a given day, we aimed to recruit using the following procedure to the extent that circumstances allowed: First, we specified the age-group that the participant should belong to. Then the RA went to one of the locations where nomadic herders visiting town are found.. (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)

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)

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)

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)

Three experiments explored how hypocrisy affects attributions of criminal guilt and the desire to punish hypocritical criminals. Study 1 established that via perceived hypocrisy, a hypocritical criminal was seen as more culpable and was punished more than a non-hypocritical criminal who committed an identical crime. Study 2 expanded on this, showing that negative moral emotions (anger and disgust) mediated the relationships between perceived hypocrisy, criminal guilt, and punishment. Study 3 replicated the emotion finding from Study 2 using new scenarios (...) where group agents were clearly aware of the hypocrisy of their actions, yet acted anyway. Again, perceived hypocrisy worked through moral emotions to affect criminal guilt and punishment. The current studies provide empirical support for theories relating hypocrisy and moral transgressions to moral emotions, also informing the literature on the role of moral emotions in moral reasoning and legal decision making. (shrink)

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 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)

This book offers a philosophical analysis of the moral and legal justifications for the use of force. While the book focuses on the ethics self-defense, it also explores its relation to lesser evil justifications, public authority, the justification of punishment, and the ethics of war. Steinhoff’s account of the moral use of force covers a wide range of topics, including the nature of justification in general, the precise elements of different justifications, the logic of claim- and liberty-rights and of (...) rights forfeiture, the value of human life and its limits, and the principles of reciprocity and precaution. While the author’s analysis is primarily philosophical, it is informed by a metaethical stance that also places heavy emphasis on existing law and legal scholarship. In doing so, the book appeals to widely shared moral intuitions, precepts, and concepts grounded in criminal law. Self-Defense, Necessity, and Punishment offers the most comprehensive and systematic account of the ethics of self-defense. It will be of interest to scholars and graduate students working in applied ethics and moral philosophy, philosophy of law, and political philosophy. (shrink)

Evolutionists studying human cooperation disagree about how to best explain it. One view is that humans are predisposed to engage in costly cooperation and punishment of free-riders as a result of culture/gene coevolution via group selection. Alternatively, some researchers argue that context-specific cognitive mechanisms associated with traditional neo-Darwinian self- and kin-maximization models sufficiently explain all aspects of human cooperation and punishment. There has been a great deal of research testing predictions derived from both positions; still, researchers generally agree (...) that more naturalistic data are needed to complement mathematical modeling and laboratory and field experiments. Most of these data have been obtained from small-scale forager and other societies, but modern intentional communities offer another productive source of information. This exploratory study describes context-specific patterns of punishment in 46 American intentional communities that cast doubt on the prediction that people are predisposed to punish free-riders in naturalistic interactions. (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)

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)

Self-harm among adolescents, mostly girls, has increased in the last years. Self-harm is associated with mental illness and the risk of suicide. This qualitative study aims to explore the lived experience of self-harm as it is related to everyday life and challenges among adolescents. Nineteen girls in a clinical population participated in personal interviews analyzed by Interpretative Phenomenological Analysis to capture how they made meaning of self-harm and essential features of experiencing self-harm. Adult persons with the first-hand experience of self-harm (...) were included in the research analysis. Data-analysis resulted in three superordinate themes which all speak about ways to handle inner pain and vulnerability: 1. “I deserve pain,” 2. “I don't want to feel anything,” and 3. “I'm harmed, and no one cares.” Each superordinate theme included four main themes characterizing essential features of difficult experiences during self-harm, the purpose of the action, self-descriptions, and the role of others during self-harm. The three superordinate themes are discussed as emerging self-representations – “the punished self,” “the unknown self,” and “the harmed self” – during the transitional age of adolescence. This article argues that subjective personal data on self-harm related to adolescents' everyday lives may indicate diversity in the capacity to integrate difficult needs, feelings, and traumatic experiences as part of the self. This knowledge may bring a nuanced understanding of self-harm in adolescence, enhance self-understanding and treatment motivation, and inform clinical adjustment. (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)

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)

How can a system of criminal punishment be justified? In particular can it be justified if the moral demand that we respect each other as autonomous moral agents is taken seriously? Traditional attempts to justify punishment as a deterrent or as retribution fail, but Duff suggests that punishment can be understood as a communicative attempt to bring a wrong-doer to repent her crime. This account is supported by discussions of moral blame, of penance, of the nature of (...) the law's demands, and of the proper meaning and purpose of the criminal process of trial and verdict: it deals both with the ideals that should inform a system of criminal law and the extent to which those ideals are actualised in existing institutions and practices. The conclusion is pessimistic: punishment cannot be justified within our legal system; and this gap between the ideal and the actual presents us with serious moral dilemmas. (shrink)

How can a system of criminal punishment be justified? In particular can it be justified if the moral demand that we respect each other as autonomous moral agents is taken seriously? Traditional attempts to justify punishment as a deterrent or as retribution fail, but Duff suggests that punishment can be understood as a communicative attempt to bring a wrong-doer to repent her crime. This account is supported by discussions of moral blame, of penance, of the nature of (...) the law's demands, and of the proper meaning and purpose of the criminal process of trial and verdict: it deals both with the ideals that should inform a system of criminal law and the extent to which those ideals are actualised in existing institutions and practices. The conclusion is pessimistic: punishment cannot be justified within our legal system; and this gap between the ideal and the actual presents us with serious moral dilemmas. (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)

Philosophy Compass, Volume 17, Issue 5, May 2022.

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)

In this article I explore ways to argue about punishment of personal representations in virtual reality. I will defend the idea that such punishing might sometimes be morally required. I offer four different lines of argument: one consequentialistic, one appealing to an idea of appropriateness, one using the notion of organic wholes, and one starting from a supposed inability to determine the limits of the extension of the moral agent. I conclude that all four approaches could, in some cases, (...) justify punishing a virtual reality representation; an avatar. As a consequence of my conclusion, I suggest that our institutionalized criminal justice system must be broadened in scope and punitive measures, in order to cover the new and difficult cases arising in virtual reality. (shrink)

The argument that justice entails a form of what is deserved continues to inform attitudes about punishment. The belief in ‘just deserts’ is especially relevant in cases of punishment that are not court-ordered or officially prescribed, but nonetheless are considered deserved. Perhaps the most egregious example concerns incarcerated persons who are sexually assaulted. The belief in violence as justly deserved is ethically problematic, negatively affecting the health of incarcerated persons, as well as those outside of prisons. I argue (...) that in the context of prison sexual violence, acceptance and proffering of the just deserts position is founded upon and promulgates toxic masculinity, which undermines the personhood of prisoners and reinforces a culture of homophobia and sexism both within and beyond prison walls. I outline an alternative based on an Ubuntu ethic that rejects prison sexual violence as a form of just deserts and fosters an approach to justice that seeks reconciliation. (shrink)

Why is the ethics of punishment an important academic field? The standard answer given by philosophers, legal scholars, and other theorists is that academic engagement in the ethics of punishment is justified by the importance of informing and guiding penal practice. In this article, this view is referred to as the Impact Assumption. The purpose of the article is to consider what this assumption implies for the way research within this field should be conducted. First, I argue that (...) the way research is currently being disseminated, the nature of the research itself, and the lack of interest among legislators and other decision-makers, constitute serious challenges to the satisfaction of the Impact Assumption. Second, I suggest that these challenges can be overcome, but that this will require a significant expansion and reorientation of the entire field. (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 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 presumption of innocence undergirds the American criminal justice system. It is so fundamental that it is derived from the concepts of due process and the importance of a fair trial. An informed, historical understanding of the interaction between the presumption of innocence and key tenets of due process can help clarify the meaning and application of the presumption of innocence in the modern day. Due process, as developed throughout English and US. Colonial history leading up to the formation of (...) the US. Constitution, has two important implications. First, due process provides a general guarantee of liberty against punishment or imprisonment without a fair trial. Second, due process requires that a jury, as opposed to a judge, determine the factual guilt of a defendant at trial. These two key tenets were historically fundamental to due process and should guide how the presumption of innocence impacts various stages of trial, including pretrial detention decisions and sentencing. Returning to a historical understanding of due process requires that judges not determine facts or punish individuals before a trial has occurred. (shrink)

The Iconoclastic controversies of the Byzantine Era have provided a rich literary tradition of miracle narrations regarding the various magical aspects of the icon. The second period of Iconoclasm however seems to have given rise to a lesser prominent motif of the earlier traditions, namely that of the icon-agent acting as active punisher against its transgressor. The current article explores the development of this motif after a concise survey of the history of icon-miracle narrations, their representative texts and their role (...) in liturgical practice. The starting point of the study were two previously unedited byzantine texts from the manuscript Vaticanus gr. 1587, testifying unique stories of icons as punishers. Finally, these stories are also perfect examples of the rich historical information popular narrations can provide on a topographical and prosopographical level regarding the era within which they were produced. (shrink)

The most widely repeated retributivist argument against the utilitarian theory of punishment is that utilitarianism permits punishment of the innocent. While defenders of utilitarianism have shown that a publicly announced policy of punishing the innocent is unlikely to serve utility, critics have insisted that utilitarianism morally obliges officials to deceive the public by framing the innocent. Yet philosophers and legal scholars have heretofore failed to test this claim against the writings of the theory's originators. We directly examine the (...) writings of Jeremy Bentham and other eighteenth and nineteenth century utilitarians and demonstrate that the originators of utilitarian penology clearly opposed both punishment of the innocent and deception of the public. We argue that utilitarianism originated as a legal theory that emphasized several institutional conditions for the public pursuit of utility, including security of person and property, legality, legislative supremacy, democratic accountability, publicity and transparency. These institutional conditions would preclude both systematic and ad hoc framing of the innocent. We show that the original utilitarians considered individuals incompetent to determine and pursue the public welfare, and that the contemporary conception of utilitarianism as an ethical standard governing individuals is a modern innovation. Bentham's theory of punishment did not derive from any general ethical theory. Bentham, like his chief forebears Hume, Helvetius and Beccaria, thought of public utility as a standard of value for public action, such as legislation. He assumed that private action was ruled by self-interest (i.e. private utility) so that there was little point in directing arguments about the general welfare to individual ethical actors. In assessing public action, Bentham was far less concerned about consequences than has generally been supposed and far more concerned about process. He identified utility with security of expectations and the rule of law. As a consequence, he endorsed public actions that could be seen to have emerged from a rational and well-informed debate about their consequences for the public welfare. Utility was not a definition of the good or a guide to conscience, but a standard designed for use in public, deliberative debate. Utilitarianism was not so much a philosophical theory as a rhetorical practice, understood as a transparent language of analysis and argument for use in political deliberation.We elaborate the procedural conditions presupposed by utilitarian discourse, beginning with Bentham's commitment to a conception of legality involving legislative promulgation of formal rules faithfully applied by rigidly constrained bureaucrats and judges. Next, we demonstrate Bentham's commitment to democratic representation of the public in devising legislation. Finally, we emphasize Bentham's commitment to publicity in government decisionmaking. Utilitarian policy required public scrutiny of all decisions and the information and reasons considered in making them. In sum, Bentham's utilitarianism was primarily concerned with the problem of how to design government so that it could accurately identify and faithfully pursue the public good while being openly seen to do so. It follows that Bentham's utility principle does not require him to endorse deceiving the public and framing an innocent person. (shrink)

This Article presents a theory whereby criminal punishments are routinely distributed in proportion to the weight of the evidence mounted against the defendant. According to this theory, the law relaxes the stringent decision threshold in criminal trials—beyond a reasonable doubt—by creating easy-to-prove evidentiary offenses. These offenses, in turn, are associated with less severe sanctions, thus creating a de-facto proportional liability regime. Against that backdrop, the Article examines the legal duty to report criminal activity to the authorities. As the analysis shows, (...) while legal scholars analyzing such duties have focused on the paradigmatic case in which an innocent bystander, friend or family member is unwittingly exposed to information about a crime, in practice these duties are rarely used in such cases. Rather, reporting duties are used to prosecute suspected accomplices whose involvement in the commission of the actual crime is difficult to prove beyond a reasonable doubt. Thus, offenses imposing a reporting duty on criminal activity turn out to be part of the general framework of accomplice liability, and are used to apply less severe sanctions in cases of evidentiary uncertainty. (shrink)

We report an experiment on two treatments of an ultimatum minigame. In one treatment, responders’ reactions are hidden to proposers. We observe high rejection rates reflecting responders’ intrinsic resistance to unfairness. In the second treatment, proposers are informed, allowing for dynamic effects over eight rounds of play. The higher rejection rates can be attributed to responders’ provision of a public good: Punishment creates a group reputation for being “tough” and effectively “educate” proposers. Since rejection rates with informed proposers drop (...) to the level of the treatment with non-informed proposers, the hypothesis of responder’s enjoyment of overt punishment is not supported. (shrink)

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)

It was not until the nineteenth century that Western nations came to replace mutilation, corporal punishment, and banishment as the favored method of criminal punishment with the more humane concept of imprisonment. Even then, however, a convicted inmate was viewed as nothing more than a slave of the state, entitled only to the most basic of human rights and subject to the whim and peril of his jailor's desire. The shift to imprisonment gradually was accompanied by the additional (...) humanitarian demand that prisons avail their charges of some minimum standard of human decency and necessity, which, by the early part of the twentieth century, had come to encompass the provision of medical care. The courts later came to acknowledge this as a fundamental right grounded in the Eighth Amendment's proscription against cruel and unusual punishments.Although the scope of a prisoner's constitutional right to medical care has been the subject of much debate before the courts, the majority of cases have focused only on the circumstances under which the deprivation of care will amount to a violation of the rights guaranteed by the Eighth Amendment. (shrink)

It was not until the nineteenth century that Western nations came to replace mutilation, corporal punishment, and banishment as the favored method of criminal punishment with the more humane concept of imprisonment. Even then, however, a convicted inmate was viewed as nothing more than a slave of the state, entitled only to the most basic of human rights and subject to the whim and peril of his jailor's desire. The shift to imprisonment gradually was accompanied by the additional (...) humanitarian demand that prisons avail their charges of some minimum standard of human decency and necessity, which, by the early part of the twentieth century, had come to encompass the provision of medical care. The courts later came to acknowledge this as a fundamental right grounded in the Eighth Amendment's proscription against cruel and unusual punishments.Although the scope of a prisoner's constitutional right to medical care has been the subject of much debate before the courts, the majority of cases have focused only on the circumstances under which the deprivation of care will amount to a violation of the rights guaranteed by the Eighth Amendment. (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)

When we hear about a transgression, we may consider whether the perpetrator’s individual circumstances make their transgression more understandable or excusable. Mitigating circumstances may reduce the severity of punishment that is deemed appropriate, both intuitively and legally. But importantly, in courts of public opinion and of law, mitigating information is typically presented only after information about a perpetrator’s transgression. We explore whether this sequence influences the force of mitigating evidence. Specifically, in two studies, we examined whether presenting evidence about (...) a perpetrator’s background before or after evidence of their violation influenced how severely U.S. participants punished perpetrators. In Study 1 (N = 132), evidence about the perpetrator’s mitigating circumstances reduced punishment only when it was presented before evidence about the perpetrator’s violation. Study 2 (N = 316) additionally revealed this moderating effect of presentation order across a variety of premeditated and impulsive violations. These findings are consistent with person-centered theories of punishment and with the Story Model of adjudication. (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.

Journal of Social Philosophy, EarlyView.

The article discusses the characterization of the visualization of visible reality in Crime and Punishment by Fyodor Dostoyevsky. The author suggests that semiotic and legal analysis should be used to understand the meaning of the color code of the novel. Semiotic discourse reduces the ambiguity, uncertainty, and expression of the color code to a conscious, discrete, and conditioned meaning of individual colors. Legal analysis helps to better understand the main idea and other aspects of the novel, encoded in colors. (...) Psychological, personal associations, and symbolic methods are used to reveal direct and indirect meaning of the colors used by Dostoyevsky. The basic characterization of colors proposed by Goethe is employed as a key for color decoding. The article also establishes the correlation of the color code of the novel with the colors of the flags of the Russian Empire and the German Confederation. The message and meaning of the same colors of these national flags are contrasted. The interpretation is complemented by the author’s drawings, which enable to visualize the color code that stores and transmits information about national identity. (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 chapter, Altman gives two separate arguments that, in conjunction, support a mixed theory of punishment. First, he shows that consequentialism is insufficient on its own because it cannot capture the condemnatory function of the law as an expression of the community’s resentment. Second, he shows that retributivism is insufficient on its own because any plausible legal arrangement must be committed to some non-retributivist values. He then argues that the institution of punishment is justified by its costs (...) and benefits, and the distribution of punishment—who is punished and how much—is justified by what offenders deserve. This two-tiered model of punishment makes more sense than an alternative scheme, according to which retributivist reasoning informs criminal lawmaking and consequentialist reasoning informs criminal judgments and sentencing. (shrink)

In this paper, I explore our common-sense thinking about the relation between moral value, moral merit, and well-being. Starting from Ross’s observation that welfarist axiologies ignore our intuitions about desert, I focus on axiologies that take moral merit and well-being to be independent determinants of value. I distinguish three ways in which these axiologies can be formulated, and I then consider their application to the issue of punishment. The objection that they recommend penalties in circumstances in which intuitively we (...) would judge them to be unjustified is examined, and I suggest that it can be met by incorporating temporal information into the way in which value, well-being and moral merit are linked. (shrink)

In this paper, I explore our common-sense thinking about the relation between moral value, moral merit, and well-being. Starting from Ross’s observation that welfarist axiologies ignore our intuitions about desert, I focus on axiologies that take moral merit and well-being to be independent determinants of value. I distinguish three ways in which these axiologies can be formulated, and I then consider their application to the issue of punishment. The objection that they recommend penalties in circumstances in which intuitively we (...) would judge them to be unjustified is examined, and I suggest that it can be met by incorporating temporal information into the way in which value, well-being and moral merit are linked. (shrink)

The vast majority of theologians accept true news, sound senses and healthy working mind as sources of knowledge. Due to the fact that the mind is counted among the sources of knowledge, reason-based evidence has been used in many subjects. It is known that Māturīdī was the first theologian who dealt with the mentioned sources of knowledge in his work. At the very beginning of his Kitāb al-Tawhīd, he determined the ways of acquiring knowledge as correct news, sound senses and (...) reason, and elaborated them in detail. Māturīdī mostly prefers the term inference to describe the use of reason. He has proven his views on theological issues with many types of inference as well as true news and sense knowledge. These include matters related to the hereafter, too. The visible over the invisible, which is a type of inference, was used as evidence by Māturīdī to prove almost every subject. Many definitions of the method of the method the visible as an evidence for the invisible have been made. However, it is possible to understand the structure on which it is built as follows: There are areas that human beings cannot comprehend and have will no definite knowledge about. These areas called as al-ghaib “the invisible” may be related to ontological differences or may be due to differences in time and space. The difference between humans and Allah is ontological difference, and Allah is an ontological invisible for humans. While events that have not yet happened are invisible in terms of time, happenings what beyond the mountain for example, are invisible in terms of spatial difference. It is not possible for human beings to fully understand (perceive) the attributes of Allah, who is ontologically invisible. For this reason, many theologians have used the method the visible as an evidence for the invisible especially in making the attributes of Allah understandable and have tried to explain the divine attributes with this method. Belief in the hereafter is also related to the realm of the unvisible. There are a lot of revelations (true knowledge) about the hereafter. However, because of the conditions of the hereafter are different from this world, it is necessary to make the revelations about that place comprehensible. Accordingly, it is interesting how Māturīdī uses the aforementioned method to understand the nature of reward and punishment in the hereafter, which is the area of the unvisible. Māturīdī sometimes understood the verses about reward and punishment in the hereafter with their real meanings, and sometimes attributed different meanings to these verses. In this context, while dealing with the verses about the afterlife, he listed the possibilities regarding what they might mean, and included interpretations based the method the visible as an evidence for the invisible. Thus, Māturīdī tried to make the hereafter, intelligible based on human being’s experiences in this world. According to Māturīdī, the mind also has a function in understanding the hereafter. The mind has the capacity to go beyond the senses and gives us information about that field. Our mind, based on what we can perceive and understand, can go beyond itself and make inferences about the issues that are incapable of understanding. Knowing the pleasures and tortures of the world in order to understand the reward and punishment that will be given to humans in the hereafter happens in a similary way. In addition, he makes inferences based on events, situations, characteristics, etc. (visible) that people know from worldly life in order to better understand the expressions in such verses, which is quite remarkable for our study. In this context, while interpreting many verses, Māturīdī bases on the aspects of the realm of the visible similar to the realm of the hereafter. He explains the similarities of the hereafter to the worldly life, mostly through human nature, the Arabs’ perception of reward and punishment, and people’s perception of color and direction. In addition to these, he takes our knowledge, which has increased to the knowledge of observation, as a basis even though we learn through news, and evaluates the divine narrations for the hereafter on these principles. For the hereafter can be understood through things known, visible, lived and experienced in the life of this world. Māturīdī emphasizes the similarity of the world and the hereafter as well as the different aspects of the hereafter and uses these differences as a basis for his inferences. Our study is aimed at understanding how Māturīdī brings evidence to what people know from worldly life while explaining the nature of reward and punishment in the hereafter. In this context, methods such as interpretation, comparison, concept analysis, and literature review were used, and the study was limited to the books of Kitāb al-Tawhīd and Ta’wīlāt of Māturīdī. (shrink)

Reward attribute, i.e. long-term versus short-term reward, is the most commonly analyzed choice attribute in Iowa Gambling Task . The present study employs measures of individual differences to explore preferences in IGT choices, based on punishment attribute along with the reward attribute. Three questionnaires were employed to analyze whether preferences were based on reward or on punishment attribute of the IGT choices. The T test indicated a selective preference for punishment, but not for reward attribute. Pearson’s correlation (...) revealed that rational information processing is associated with more choices from infrequent–large punishment decks. Regression analysis indicated that rational information processing, tendency to maximize-experience regret, and risk attitude accounted for selective preferences based on the punishment attribute. Measures employed were unrelated to reward attribute of the IGT choices. Results are explained in terms of choice preference for frequent but smaller magnitude versus infrequent but larger magnitude punishment in IGT. (shrink)

False information is always produced after the outbreak of major emergencies. Taking this into consideration, this paper discusses the behavior of multiple parties in relation to false information dissemination after major emergencies. First, a game model is constructed, using relevant knowledge of evolutionary game theory, between three parties: regulatory institutions, opinion leaders, and ordinary Internet users. Second, the model equations are solved, and the evolutionary stability strategies of each game party under different circumstances are analyzed. Third, a numerical simulation is (...) applied to the evolutionary trends under different strategy combinations with varying parameters. The results show that the probability of each game party making ideal decisions is positively correlated with the degree of punishment imposed by regulatory institutions on opinion leaders who release false information, the reward provided by regulatory institutions on opinion leaders who release positive information, the degree of participation and satisfaction gained by Internet users in adopting positive information, the richness of authentic content released by opinion leaders, and the psychological identification of Internet users with opinion leaders. Meanwhile, the probability of each game party making ideal decisions is negatively correlated with investigation and evidence collection costs borne by opinion leaders who release positive information, the additional income for opinion leaders who have false information adopted by Internet users, the costs of Internet users’ time and energy when they adopt information released by opinion leaders, and the costs of independently judging the accuracy of information by Internet users. (shrink)

An executive ought to be as informed as possible about the needs and preferences of her constituency and about the most important policy issues that her constituency confronts. This ethical duty, referred to as the informed governance principle, requires that an executive who is not opposed to the death penalty personally carry out at least one execution of a death row inmate. Having an executive act as executioner, even if just once, could also help citizens reflect upon their personal ethical (...) commitments, spur them to monitor the government’s power, and prompt them to contemplate how best to distribute power so that the chance of injustice is minimized. (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)

Formed in the wake of May 1968, the Prisons Information Group (GIP) was a radical resistance movement active in France in the early 1970's. Theorist Michel Foucault was heavily involved. This book collects interdisciplinary essays that explore the GIP's resources both for Foucault studies and for prison activism today.

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)