punishment

Video Interview: Jesper Ryberg on Neurointerventions, Crime and Punishment

Should neurotechnologies that affect emotional regulation, empathy and moral judgment, be used to prevent offenders from reoffending? Is it morally acceptable to offer more lenient sentences to offenders in return for participation in neuroscientific treatment programs? Or would this amount too coercion? Is it possible to administer neurointerventions as a type of punishment? Is it permissible for physicians to administer neurointerventions to offenders? Is there a risk that the dark history of compulsory brain interventions in offenders will repeat itself? In this interview Dr Katrien Devolder (Oxford), Professor Jesper Ryberg (Roskilde) argues that there are no good in-principle objections to using neurointerventions to prevent crime, BUT (!) that given the way criminal justice systems currently function, we should not currently use these interventions…

Mind Control, Free Will, and Jessica Jones

By Hazem Zohny

In the first season of the Netflix show Jessica Jones, our traumatized, alcoholic protagonist is up against a particularly nasty villain: Kilgrave. He is a mind-controller and complete psychopath. A virus he emits compels people around him to do whatever he commands.

Early in the season, he makes a young woman, Hope, kill her parents in front of Jessica just to spite her. Jessica, who knows all too well what it’s liked to be “Kilgraved,” consoles Hope by repeatedly telling her, “It’s not your fault.”

And it surely isn’t her fault. Once Kilgrave commanded Hope to kill, she could in no way have done otherwise. More than that, she was not in any meaningful sense the source or author of her murderous act, which was completely incongruous with her past behaviours and with her love for her parents.

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Cross Post: The Discomforts of Being a Utilitarian

Written by Hazen Zohny 

Please note that this essay was originally published in Quillette Magazine.

 

The Discomforts of Being a Utilitarian 

I recently answered the nine questions that make up The Oxford Utilitarianism Scale. My result: “You are very utilitarian! You might be Peter Singer.”

This provoked a complacent smile followed by a quick look around to ensure that nobody else had seen this result on my monitor. After all, outright utilitarians still risk being thought of as profoundly disturbed, or at least deeply misguided. It’s easy to see why: according to my answers, there are at least some (highly unusual) circumstances where I would support the torture of an innocent person or the mass deployment of political oppression.

Choosing the most utilitarian responses to these scenarios involves great discomfort. It is like being placed on a debating team and asked to defend a position you abhor. The idea of actually torturing individuals or oppressing dissent evokes a sense of disgust in me – and yet the scenarios in these dilemmas compel me not only to say such acts are permissible, they’re obligatory. Biting bullets is almost always uncomfortable, which goes a long way in explaining the lack of popularity utilitarianism enjoys. But this discomfort largely melts away once we recognize three caveats relevant to the Oxford Utilitarianism Scale and to moral dilemmas more generally.

The first of these relates to the somewhat misleading nature of these dilemmas. They are set up to appear as though you are being asked to imagine just one thing, like torturing someone to prevent a bomb going off, or killing a healthy patient to save five others. In reality, they are asking two things of you: imagining the scenario at hand, and imaging yourself to be a fundamentally different being – specifically, a being that is able to know with certainty the consequences of its actions.

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Vaccine Refusal Is Like Tax Evasion

Written by Alberto Giubilini: 

Oxford Martin School and Wellcome Centre for Ethics and the Humanities, University of Oxford

 

Vaccination has received a lot of media attention over the past few months following recent measles outbreaks and the introduction of rigid vaccination policies in some countries. Amid this discussion, a rather strange story hit the headlines a few weeks ago. According to reports, a woman in Michigan was sentenced to 7 days in jail because she refused to vaccinate her child, adducing personal religious reasons. Newspapers reported the story with somewhat misleading – though factually correct – titles, such as “Michigan mother jailed for refusing to vaccinate her son” or “Michigan mother sent to prison for failing to vaccinate her son.” Continue reading

Cross Post: Italy has introduced mandatory vaccinations – other countries should follow its lead

Written by Alberto Giubilini

This article was originally published on The Conversation 

In the first four months of this year, around 1,500 cases of measles were reported in Italy. As a response to the outbreak, the Italian government introduced a law making 12 vaccinations mandatory for preschool and school-age children.

Parents will have to provide proof of vaccination when they enroll their children in nursery or preschool. In this respect, the Italian policy follows the example of vaccination policies in the US. But there’s one crucial difference: the Italian law doesn’t allow parents to opt out on the grounds of “conscientious objection”. Continue reading

Why is chemical castration being used on offenders in some countries?

Written by Dr Jonathan Pugh
This article was originally published on The Conversation
The answer for some. Shutterstock

Following a horrific act of sexual violence against a 14-year-old girl, the president of Indonesia, Joko Widodo, recently signed a decree into law, which, among other things, authorised the death penalty for convicted child sex offenders, and also the use of chemical castration of such offenders.

The main justification cited by Widodo was that castration would act as a deterrent. But how do such interventions fit in the criminal justice system? Are they likely to be successful? Continue reading

Guest Post: Abortion, punishment and moral consistency

Written by: Rajiv Shah, PhD Candidate, Faculty of Law, University of Cambridge

Donald Trump suggested that women who have abortions should face punishment. For that he was criticised by both the pro-choice side and the pro-life side. The latter claimed that their view is that women should not face punishment for having abortions but that only providers should. This raises the interesting question of whether the pro-life position is coherent. It would seem that it is not. If the foetus has the right to life then having an abortion is like murder and so those who abort should be treated as such. This post argues that the pro-lifer can coherently reject this implication whilst still holding that the foetus has the right to life. Since it considers the responses a pro-lifer could make this post will assume for the sake of argument that the foetus does have a right to life. Continue reading

Oxford Uehiro Prize in Practical Ethics: “The Justice of Punitive Wars” written by Benjamin Koons

This essay received an Honourable Mention in the graduate category of the Oxford Uehiro Prize in Practical Ethics.

Written by University of Oxford, Oriel College student Benjamin Koons

  1. Introduction

Contemporary just war theory has largely abandoned punishment as one of the just causes for war, but I intend to show that if one accepts the justice of defensive wars then punitive wars are plausibly justified. I defend this thesis:

Punishment as Just Cause (PJC): It is a just cause for international treaty organization X to initiate a war with member-state Y so as to punish Y for an injustice against state Z. Continue reading

Does the desire to punish have any place in modern justice?

Professor Neil Levy, visiting Leverhulme Lecturer, University of Oxford, has recently published a provocative essay at Aeon online magazine:

Human beings are a punitive species. Perhaps because we are social animals, and require the cooperation of others to achieve our goals, we are strongly disposed to punish those who take advantage of us. Those who ‘free-ride’, taking benefits to which they are not entitled, are subject to exclusion, the imposition of fines or harsher penalties. Wrongdoing arouses strong emotions in us, whether it is done to us, or to others. Our indignation and resentment have fuelled a dizzying variety of punitive practices – ostracism, branding, beheading, quartering, fining, and very many more. The details vary from place to place and time to culture but punishment has been a human universal, because it has been in our evolutionary interests. However, those evolutionary impulses are crude guides to how we should deal with offenders in contemporary society.

Our moral emotions fuel our impulses toward retribution. Retributivists believe that people should be punished because that’s what they deserve. Retributivism is not the only justification for punishment, of course. We also punish to deter others, to prevent the person offending again, and perhaps to rehabilitate the offender. But these consequentialist grounds alone cannot justify our current system of criminal justice. We want punishments to ‘fit the crime’ – the worse the crime, the worse the punishment – without regard for the evidence of whether it ‘works’, that is, without thinking about punishment in consequentialist terms.

See here for the full article, and to join in the conversation.

Professor Levy has also written on this topic in the Journal of Practical Ethics; Less Blame, Less Crime? The Practical Implications of Moral Responsibility Skepticism.

Guest Post: Vampire Judges and Blood Money: Blood Donation as Criminal Sanction?

Written by Christopher Chew

Monash University

Early one September morning, plaintiffs at a rural Alabama County court in the US, were greeted with an unexpected and highly unusual offer. To quote presiding Judge Marvin Wiggins:

“There’s a blood drive outside, and if you don’t have any money, and you don’t want to go to jail, as an option to pay it, you can give blood today…bring in a receipt indicating you gave blood…as a discount rather than putting you in jail…or the sheriff has enough handcuffs for those who do not have money.” Continue reading

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