May 2

28: MAY 2 Punishment - Culture and Political Economy

Assigned

• Cavadino, Michael and James Dignan. "Penal policy and political economy". (17)

• Tax rates by country.[1]
• Crime rates by country [2]
• Homicide rates by country [3]

In-class Topics

• Varieties of Free Will
• Varieties of MR

Henrich, Joseph, "Hell, Free Will, and Moral Universalism"

• This excerpt from The WEIRDEST People in the World comes in the context of a section on "universal moralizing gods" which characterize the major world religions (though Buddhism requires some discussion). H's theory is that this cultural innovation in religions allows societies to grow, solving the problems associated with living with so many strangers, something our evolved psychology did not really prepare us for.

• The three innovations of moralizing religions are:

• contingent afterlife: how you behave in this life determines your after life or next life
• free will: encouraged followers to believe they could comply with moral code by acts of choice and will.
• moral universalism: moral rules are the same for all people. (Note how this overcomes groupish morality.)

• The rest of the excerpt goes into evidence of the effects of each feature on social life. The research related to free will is at top of p. 148.

• What consequences, if any, does this research have for our thinking about the modern problems of free will and moral responsibility?

• 1. Cultural variants on ways of thinking about agency make (or made, in the past) real differences in social morality, whether or not they are metaphysically grounded. They work to the extent that people can actually think of themselves as having FW and thinking this way changes their behavior. But this can also be oppressive if it overlooks the material conditions needed to develop competence.
• 3. The philosopher's concern with the metaphysical problem of free will is hard to reconcile with the cultural utility of a belief in free will. If a belief in FW motivates better outcomes, why do we care about it's metaphysical grounding? Should we be as-if Libertarians?
• 4. When you tell your future kids "You can do it if you try. Don't let other people control your decisions. What do you want to do with your life?" you may really be motivating them to take up a particular set of values to approach challenges. But notice this is only valuable motivationally. At some point, your parents stopped saying this so much. Instead, "you're doing fine..."

Cavadino, Michael and James Dignan. "Penal policy and political economy"

• Huge increase in US incarceration rate since 1970s. 5x, highest in the world.

• Two claims:

• Diffs in penalty likely to continue in spite of globalization
• One reason for this is that penality tracks political economy. (Think of it as a "local mental adaptation" in American culture -- like our libertarianism or our "car culture" mentality or our "suburban" mentality.)

• Starts with an overview of the influence of the US on global penal policy. To the extent that US exerts influence on other countries to move in a neo-liberal direction there may be "penal convergence". Also, incarcertation systems are one of our global exports! "correctional imperialism"

• Some elements of the US "justice model" (retributive punishment and retributive deterrence) travel faster than others. "3 strikes" and "zero tolerance"

• In Europe, the European Convention on Human Rights is influential. Moved Russia away from capital punishment. Example of global influence.

• Political Economy and Penality

• 441: Table: Typology of political economies and their penal tendencies.

• ’Neo-liberal'. Example: US. Free market capitalism, individualism, minimal welfare state. Social exclusion (442) - acceptance of underclass with lower access to market goods. High inequality. Tracks this also in UK, Australia, and NZ (443).

• Conservative corporatism National interest groups integrated into political governance. Great welfare protections, but allows for class difference and some inequality. Also, still valuing church institutions. “Christian democrats” for example. Example: Germany in 2008 recession reinvests in industrial modernization and worker skills. Netherlands a borderline case between this and “Social dem corporatism”

• Social democratic corporatism More egalitarian and secular. Sweden. Strong trade union movement, more egalitarian social insurance than Germans.

• Oriental corporatism Japan, for example. “Corporate paternalism” High job security, structured pay scale to life stages. Welfare is more employer based obligation. Some neo-liberal influence after WWI, but more egalitarian than US.

• Let's review some of the connections the authors make in their discussion. (bring in crime rates)

• Table 2: Political economy and imprisonment rates. (447)

• Is neo-liberalism "criminogenic"?

• Possibly: Evidence that unequal societies with weak community relationships suffer from worse rates of crime. 447. Social exclusion reduces social cohesion.

• Interesting: Weak link bt crime rates and imprisonment rates. More to do with “cultural attitudes toward deviant and marginalized fellow citizens”

• Some possible mechanisms: Neo-liberal societies have high social exclusion: labor market and CJ failures treated similarly. The authors suggests a "feedback loop" here: the socially excluded confirm the neo-liberal narrative.

• By contrast, Corporatist and social dem states are inclusionary, have a communitarian ethos. (Less likely to intervene, less likely to ask citizens, “Are you alright?” Old MRFW news example [4]

• Beckett and Western (2001) and others claim that high welfare spending correlates with low incarceration (except Japan). Also, economic inequality predicts high incarceration rates.

Some Ways of Thinking about Moral Responsibility and Justice

• Traditional/Current Theories of Punishment

• Retributive punishment / retributive deterrence.

• Requires very strong concept of MR and FW to be just. Retribution is justified by "moral desert". It can also involve "social exclusion" -- making it hard for offenders to vote or hold a job. One can also advocate for a punishment dimension as a deterrence. Even is not wholly "deserved," punishment deters bad behavior.

• Utilitarian models of punishment: General principle: Goal of penal system is to reduce harm to public and offender.

• Versions include: Public Health-Quarantine Model, Community welfare model (crime is a kind of welfare issue, also for communities), Rehabilitative approaches, Restorative justice. These models can overlap and tend to assume that crime has natural causes that can either be mitigated through preventative welfare measures (addressing poverty and homelessness, for example) or through rehabilitation, confinement, and/or monitoring. Does not require a strong position on FW or MR, but these approaches can trigger liberty objections. (Present discussion option here! Could you imagine a criminal insisting on being treated retributively? Maybe.)

• Accountability and Interventions

• Distinguishing retributive punishment from "penalties and interventions". Punishment is about pain. Penalties (like speeding and parking tickets) might also hurt, but they can be justified not only on utilitarian grounds, but also more simply as ways of making the standards for behavior clear and reminding us of them, e.g. promoting accountability. Interventions include conditioning liberty (staying out of jail) on getting help with a problem, suspending privileges like driving on better behavior, asking for and listening to an offender's "plan" to avoid recidivism. Using social science knowledge about the patterns of our behavior to offer solutions. Technology (leg braclets and geo-location) and options for medications (libido killers) are also morally controversial in terms of consent, but might be preferable to more painful methods.

• Grounding punishment in the consent of the punished.

• Consider responses you might have to causing a harm to others. "Thanks! I needed that!" "I understand there will be consequences..." But what kind?
• Try the "veil of ignorance" approach to finding just principles of punishment. (mention law review article)

• Substituting the concept of a "tort" where we currently use retribution to establish restore justice.

• Instead of victims seeking revenge to be "made whole," (often by learning that a perpetrator will be incarcerated) you could see their loss as "insurable." Think about how would a "wrongful death suit" would proceed for a typical upper middle class person with "umbrella liability" coverage as opposed to someone who causes damage they are not insured for (underinsured motorists, for example)? Example of friend hurt by negligent driver Problems generalizing this as a form of guaranteed insurance!

PP2: Free Will, Moral Responsibility, and Punishment Position Paper

• Stage 1: Please write an 1500 word maximum answer to the following prompt by Tuesday, May 9, 2023, 11:59pm. There will be no peer review process for this paper, but you will receive comments from me along with your grade.

• Topic: In this unit, we have explored different ways to think about free will/agency, moral responsibility, and punishment. We've looked at arguments for "moral responsibility skepticism," critiques of our ordinary ideas about free will, and the justification of our culture's approach to punishment. Draw on these resources as you also develop your own view, with supporting reasons, of free will and responsibility and how we should approach crime and punishment. For example: Are there important reasons to retain retributive approaches? How should we take into consideration the growing body of knowledge about biological influences on our behavior? Do cultural comparisons of correctional systems tell us anything useful about our own?

• Advice about collaboration: Collaboration is part of the academic process and the intellectual world that college courses are based on, so it is important to me that you have the possibility to collaborate. I encourage you to collaborate with other students, but only up to the point of sharing ideas, references to class notes, and your own notes, verbally. Collaboration is also a great way to make sure that a high average level of learning and development occurs in the class. The best way to avoid plagiarism is to NOT share text of draft answers or outlines of your answer. Keep it verbal. Generate your own examples.

• Prepare your answer and submit it in the following way. You will lose points if you do not follow these instructions:

1. To assure anonymity, you must remove your name from the the "author name" that you may have provided when you set up your word processing application. For instructions on removing your name from an Word or Google document, [click here].
2. Format your answer in double spaced text, in a typical 12 point font, and using normal margins. Do not add spaces between paragraphs and indent the first line of each paragraph.
3. Do not put your name in the file or filename. You may put your student ID number in the file. Always put a word count in the file. Save your file for this assignment with the name: FWMRandPunishment.
4. To turn in your assignment, log into courses.alfino.org, click on the "3 - Position Paper #2: FW, MR and Punishment" dropbox.
5. If you cannot meet a deadline, you must email me about your circumstances (unless you are having an emergency) before the deadline or you will lose points.