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Punishment plays a role in human cooperation, but it is costly. Prior research shows that people are more cooperative when they expect to receive negative feedback for non-cooperation, even in the absence of costly punishment, which would have interesting implications for theory and applications. However, based on theories of habituation and cue-based learning, we propose that people will learn to ignore expressions of disapproval that are not clearly associated with material costs or benefits. To test this hypothesis, we conducted a between-subjects, 40-round public goods game (i.e. much longer than most studies), where participants could respond to others’ contributions by sending numerical disapproval messages, paying to reduce others’ earnings, or neither. Consistent with previous results, we observed steadily increasing contributions in the costly punishment condition. In contrast, contributions declined after the early rounds in the expressed disapproval condition, and were eventually no higher than the basic control condition with neither costly punishment nor disapproval ratings. In other words, costless disapproval may temporarily increase cooperation, but the effects fade. We discuss the theoretical and applied implications of our findings, including the unexpectedly high levels of cooperation in a second control condition.
This study examines the recent proliferation of manslaughter charges and subsequent prosecutions brought against people who have shared, sold, or provided drugs that have led to overdose death in Canada. It presents a documentary analysis of news media coverage, court decisions, and Access-to-Information and Freedom-of-Information requests of materials from criminal legal institutions. The analysis finds that the vast majority of those who face manslaughter charges are engaged in the lowest tiers of the drug trade, are themselves people who use drugs, and are often intimately known to the deceased. Messaging by police, prosecutors and the courts mobilize the overdose crisis as rationale for these charges and prosecutions, positioning them as a form of redress to impacted communities. This phenomenon illustrates how punitive criminal legal responses to the overdose crisis have deepened alongside the retreat of criminal law in other circumstances, contradicting claims of a therapeutic turn in Canadian drug policies.
The Norwegian 'treason trials' were the most extensive post–Second World War 'reckoning' with wartime collaboration in all of Europe. Following the war, tens of thousands of Norwegians were sentenced for their wartime actions, including the notorious leader of Norway's collaborationist party Nasjonal Samling, Vidkun Quisling. And yet many wartime actions also went unpunished, including, in the vast majority of cases, violence perpetrated against Norway's Jewish minority. The Quislings examines how the Norwegian authorities planned, implemented and interpreted this reckoning between 1941 and 1964. In doing so, it looks at the broader political purposes the treason trials served, how these changed over time and the mechanisms that brought these changes about. This wide-ranging study argues that the trials were not driven by the agenda of any one institution or group. Instead, their final shape was the result of a complex process of weighing up demands for legal form and consistency against a fast-changing political and social environment.
This chapter is about how police officers in China enforce anti-prostitution laws. These regulations outlaw the exchange of sex for money or other material goods in all of its forms, and for all individuals who engage in it. Yet in practice, police enforcement primarily targets low-tier sex workers. Of the array of possible sanctions, these women are more likely incarcerated than fined, and they are placed in institutions with a rehabilitative mission that, in practice, is not met. In addition, law enforcement officials often engage in illegal and abusive practices when arresting sex workers. Clients are not completely immune from punishment, but they are less likely to be arrested than are the women they solicit. The major exception to that pattern involves high-profile men whose actions have crossed the Chinese Communist Party (CCP). Their cases are taken out of the hands of street-level police officers and into the world of elite politics, with prostitution charges used to help secure their downfall.
The maintenance of cross-cultural variation and arbitrary traditions in human populations is a key question in cultural evolution. Conformist transmission, the tendency to follow the majority, was previously considered central to this phenomenon. However, recent theory indicates that cognitive biases can greatly reduce its ability to maintain traditions. Therefore, we expanded prior models to investigate two other ways that cultural variation can be sustained: payoff-biased transmission and norm reinforcement. Our findings predict that both payoff-biased transmission and reinforcement can enhance conformist transmission's ability to maintain traditions. However, payoff-biased transmission can only sustain cultural variation if it is functionally related to environmental factors. In contrast, norm reinforcement readily generates and maintains arbitrary cultural variation. Furthermore, reinforcement results in path-dependent cultural dynamics, meaning that historical traditions influence current practices, even though group behaviours have changed. We conclude that environmental variation probably plays a role in functional cultural traditions, but arbitrary cultural variation is more plausibly due to the reinforcement of norm compliance.
Chapter 10 provides an overview of the role and functions of private enforcement within regulatory regimes and the availability of redress. It draws attention to different ‘models of legal responsibility’ upon which regulatory regimes rely in allocating and distributing legal rights and duties between those who are subject to regulation and those whom regulation is intended to protect (‘regulatory beneficiaries’). This chapter is the most legally focused chapter in the volume, selectively highlighting several features of the institutional and enforcement context in which regulation occurs. Examples are private litigation, collective redress mechanisms, the role of courts as authoritative and final interpreters of the law and ‘alternative’ avenues for redress.
To comply with Shiʿi theological-jurisprudential justifications and dogmatic traditions, the Iranian postrevolutionary legal system formally enshrined the principle of legality of crime and punishment within the Iranian Constitution and important legal provisions. Despite this formal entrenchment and codification of its criminal law, which together act as a legal constraint on the traditionally excessive power of Muslim judges, the Iranian theocratic system has exempted religious sins from this principle by blurring the distinction between crime and sin and criminalizing certain sinful acts with unclear language. These two legal mechanisms not only violate the principle of legality and amplify legal uncertainty, but their reference to Sharia law also binds the fate of the accused more tightly to the discretion of the judge than to the letter of the law. Consequently, the religiopolitical predilections of judges have become a determining factor in findings of criminal responsibility and imposition of punishment on citizens.
People simultaneously entangled in multiple state systems are often subject to contradictory legal mandates that can foster distrust and incentivize system avoidance. This study focuses on those indebted to both the child support system and the criminal legal system, a situation we describe as dual debt. We ask whether and how the imposition of legal debts with punitive surveillance and collections mechanisms fosters alienation in the form of legal cynicism and estrangement, which we refer to jointly as legal anomie. Drawing from interview data in Minnesota, we find that legal anomie and system avoidance are mutually reinforcing processes, as debts in these systems triggered consequences that pushed people out of the formal labor market and heightened their distrust of legal institutions. The case of dual debt demonstrates how alienating and contradictory policy systems can foster both legal anomie and system avoidance, particularly in the context of economic and social precarity.
Abstract: Chapter 2 reflects on a key assumption about the “traditional Chinese family,” the “child-training” paradigm that emphasizes parenting and overlooks children. The chapter draws from interview and observational data with mothers and children to contrast an important local cultural model of parenting, that is, preventing children’s fights, with the reality of prevalent fighting and conflict among children. Weaving together qualitative, quantitative and machine learning analyses of texts, the chapter uncovers the experiences of “dis-obedient children” which departs from the parental ideal of training obedience. After debunking the myths of “Chinese parenting,” I explain the inefficacy of parental punishment through the lens of children’s sociomoral cognition, against the popular assumption and paradigm of reinforcement learning. These findings remind anthropologists to pay more attention to the ethical experience and reflections of young children, “the punished,” and urge adults to see the world through children's eyes.
In this chapter, we consider exemplary damages and aggravated damages, remedies with a strong vindicatory flavour, as recognised by the High Court of Australia in Lewis v Australian Capital Territory.
Exemplary damages vindicate the plaintiff’s interests, but also explicitly punish the defendant for the wrong in question. Punishment is not commonly recognised as a central aim of private law. Some commentators have argued that it should not be part of private law. However, exemplary damages are said to validate the plaintiff’s feelings of hurt and anger arising from the contumelious nature of the defendant’s wrong. Such damages also perform a vindicatory function. The fact that the law punishes a defendant for the manner of his interference with the plaintiff’s interests signals the importance of those interests.
I formulate a compatibilism that is distinctively responsive to skeptical worries about the justification of punishment and other moral responsibility practices. I begin with an evolutionary story explaining why backward-looking reactive attitudes are “given” in human society. Cooperative society plausibly could not be sustained without such practices. The necessary accountability practices have complex internal standards. These internal standards may fully ground the appropriateness of reactive attitudes. Following a recent analogy, we can similarly hold that there are no external standards for what is funny; the norms of comedy are complex, but funny is funny. However, this is compatible with moral reasons to change the practices themselves, and therefore change what is fitting within them: in the first instance, a moralistic “that's not funny” is ill-fitting, but “that shouldn't be funny” can be apt. The analogous reformist position prescribes practices constituting the minimal responsibility norms necessary for cooperative society.
Many moral judgments are rooted in the outrage heuristic. In making such judgments about certain personal injury cases, people's judgments are both predictable and widely shared. With respect to outrage (on a bounded scale of one to six) and punitive intent (also on a bounded scale of one to six), the judgments of one group of six people, or 12 people, nicely predict the judgements of other groups of six people, or 12 people. Moreover, outrage judgments are highly predictive of punitive intentions. Because of their use of the outrage heuristic, people are intuitive retributivists. People care about deterrence, but they do not think in terms of optimal deterrence. Because outrage is category-specific, those who use the outrage heuristic are likely to produce patterns that they would themselves reject, if only they were to see them. Because people are intuitive retributivists, they reject some of the most common and central understandings in economic and utilitarian theory. To the extent that a system of criminal justice depends on the moral psychology of ordinary people, it is likely to operate on the basis of the outrage heuristic and will, from the utilitarian point of view, end up making serious and systematic errors.
Gregory the Great's Moralia in Job has been said to mark a transitional phase in the development of atonement doctrine. I argue that the Moralia cohesively portrays Christ's redemptive work as achieving something in two directions: towards God, a vicarious payment of humanity's debt of punishment; towards humanity, an efficaciously convicting and restorative example. This sustains a spirituality in which exacting and self-denying moral effort rests on freedom from judgement and on the death accomplished by the Mediator. Engaging the Moralia in this manner illuminates patristic exegetical sensibilities and proves instructive about how the fathers fit into later taxonomies of atonement models.
Kant’s conception of remorse has received little discussion in the literature. I argue that he thinks we ought to experience remorse for both retributivist and forward-looking reasons. This account casts helpful light on his ideas of conversion and the descent into the hell of self-cognition. But while he prescribes a heartbreakingly painful experience of remorse, he acknowledges that excess remorse can threaten rational agency through distraction and suicide, and this raises questions about whether actual human beings ought to cultivate their consciences in such a way as to experience remorse in the way he conceives it.
The chapter addresses the penal regime of international criminal jurisdictions, focusing primarily on the law and practice of the UN ad hoc tribunals and the International Criminal Court (ICC). It sets out the categories of penalties which may be imposed by international criminal courts and tribunals for the core crimes and the offences against the administration of justice. The chapter sets out the commonly-adduced general purposes for punishing perpetrators of international crimes (retribution, deterrence, rehabilitation, etc.) and addresses the extent to which the punishment rationales acknowledged at the national level remain valid within the international penal regime. It analyses the international jurisdictions’ sentencing principles and practice, in particular the need for the individualization of penalties while ensuring consistency in sentencing and the relative weight accorded to aggravating and mitigating circumstances in determining the appropriate sentence. The chapter also surveys the procedures at sentencing, in particular the option of following the unified or bifurcated process for the determination of the guilt or innocence and, if appropriate, the sentence, as well as the arrangements adopted for pardon, early release (commutation) and review of sentences.
When Lady Philosophy suggests that Boethius’ definition of himself as a rational mortal animal is inadequate, it implies that a superior self-understanding is contained within the Consolation. This chapter argues that this more adequate self-understanding – that Boethius, via participation in God, is himself divine – is implicit in the text and unpacks the profound implications and consolations of this interpretation of the self. Being a rational animal is more than being this specific living thing; it is also an opportunity to manifest divine intelligibility and goodness in the world. The chapter focuses on two perplexing arguments in Book IV that are unsatisfying without this interpretation of Boethius’ identity: that the punished are happier than those who escape punishment and that it is possible to attach ourselves to Providence and escape from Fate. The difficulties that most people will face in accepting these arguments are the direct result of the challenge of adopting this self-interpretation.
In this chapter, I examine whether punishment is morally permissible. Criminal prosecution and punishment are the main functions of international criminal justice and lie at the heart of what institutions of international criminal justice – such as the International Criminal Court – do. To begin, I reconstruct Locke’s argument for the permissibility of punishment. Locke argues that we have a moral duty to ‘preserve humanity’ and we can discharge that duty by exercising our ‘natural executive right’ – that is, a right to punish – in the state of nature. Punishments are effective in enforcing rights because they deter crimes. I discuss several objections against the consequentialist structure of Locke’s argument. To counter these objections, I argue for a mixed theory that distinguishes between justifying the practice of punishment and justifying the distribution of punishment within that practice. To explain the latter, we must take into account considerations of normative individualism, egalitarianism, and pragmatic considerations. Taken together, these arguments imply that coercive punishment is permissible for natural rights enforcement.
What gives international courts the authority to punish individuals for international crimes? Through the lens of political philosophy, Luise Müller provides an original perspective on the justification of the authority of international criminal courts and tribunals. She argues that institutions of international criminal justice are permitted to pierce the sovereignty of states in order to punish high-profile politicians for genocide, crimes against humanity, war crimes, and other mass human rights violations. Their right to punish is justified by virtue of their function to deter mass violations of fundamental human rights. However, to legitimately exercise that right, international criminal justice institutions must fulfil two conditions: first, they must conduct criminal trials with the highest level of fairness; second, they must treat those who are subject to their authority as equals. This last condition can be satisfied by international criminal justice institutions by including procedures of democratic decision-making and democratic accountability.
It has been a teaching of the Catholic Church for many centuries that the fact that an act is immoral is not itself a sufficient reason for acts of that kind to be punishable under the law. Therefore, before American Catholics or their bishops actively support laws making abortion illegal and punishable, they must carefully examine such laws to determine whether they are consistent with the common good and thus morally justifiable. This article first turns to the three conditions that Thomas Aquinas offers in the Treatise on Law (Summa Theologica, I-II, QQ. 90-105) that a law must fulfill in order for it to be consistent with the common good. Serious reasons are identified for doubting that laws prohibiting and punishing abortion can fulfill Aquinas’s three conditions. There are also serious reasons based on Catholic teaching, i.e., that we are always obliged to follow our conscience, for concluding that, contrary to the common good, many conscientious persons would be mistakenly punished by such laws. For these reasons, the article proposes that American Catholics and their bishops should reexamine their support for laws punishing abortion and should consider instead actively opposing such laws.
While humans are highly cooperative, they can also behave spitefully. Yet spite remains understudied. Spite can be normatively driven and while previous experiments have found some evidence that cooperation and punishment may spread via social learning, no experiments have considered the social transmission of spiteful behaviour. Here we present an online experiment where, following an opportunity to earn wealth, we asked participants to choose an action towards an anonymous partner across a full spectrum of social behaviour, from spite to altruism. In accordance with cultural evolutionary theory, participants were presented with social information that varied in source and content. Across six conditions, we informed participants that either the majority or the highest earner had chosen to behave spitefully, neutrally or altruistically. We found an overall tendency towards altruism, but at lower levels among those exposed to spite compared with altruism. We found no difference between social information that came from the majority or the highest earner. Exploratory analysis revealed that participants’ earnings negatively correlated with altruistic behaviour. Our results contrast with previous literature that report high rates of spite in experimental samples and a greater propensity for individuals to copy successful individuals over the majority.