This paper argues that Immanuel Kant’s practical philosophy contains a coherent, albeit implicit, defense of the legitimacy of capital punishment, one that refutes the most important objections leveled against it. I first show that Kant is consistent in his application of the ius talionis. I then explain how Kant can respond to the claim that death penalty violates the inviolable right to life. To address the most significant objection – the claim that execution violates human dignity – I argue that (...) motives of honor, as Kant conceives it, require a rational person to will her own execution, were she to commit murder. (shrink)

This paper draws some bold conclusions from modest premises. My topic is an old one, the Neohumean view of practical rationality. First, I show that this view consists of two independent claims, instrumentalism and subjectivism. Most critics run these together. Instrumentalism is entailed by many theories beyond Neohumeanism, viz. by any theory that says rational actions maximize something. Second, I give a new argument against instrumentalism, using simple counterexamples. This argument systematically undermines consequentialism and rational choice theory, I show, using (...) detailed examples of their many social science applications. There is no obvious fix. (shrink)

Recent developments in neuroscience and social science are illuminating the critical importance of regret in human choices, including criminal decision making. After differentiating regret from related emotions (e.g., disappointment, sadness, shame), I argue that regret can prompt desistance from crime and that regret avoidance is a powerful mechanism of conformity. I then turn to American and European penal history to demonstrate that the invention of the prison was premised on the notion that solitary confinement could inculcate regret in prisoners and (...) thereby change them profoundly. The place of regret in both historical and emerging thinking about human choice underscores its importance for understanding the connections between emotions and criminality. (shrink)

Torture is like slavery (and unlike murder and genocide) in that it is not inconceivable that torture might be justifiable. But the circumstances that would make it tolerable are unrealistic in philosophically interesting ways. It is unrealistic to think we can predict when torture will be effective and containable; unwarranted to suppose that humane alternatives are impossible; disastrous to remove motivations to create alternatives; unacceptable to be satisfied with available evidence regarding suspects’ identity, knowledge of critical detail, ability to recall (...) it, or reasons for not providing it. Most importantly, the costs of even successful interrogational torture would negate the gains sought. Or so this essay argues. (shrink)

The proportionality standard demands a meaningful link between the severity of crimes and the punishments received for them. This article investigates the compatibility between this philosophical demand and the practical means most commonly associated with criminal justice provision: governmental decision making. In so far as criminal justice systems require the coordination of real human and physical resources, certain forms of knowledge and incentives are required to calculate, produce, and distribute outputs proportionately. Whereas markets rely upon pricing mechanisms to generate and (...) coordinate information and incentives across diverse stages of complex production processes, governmental decision making often lacks a calculation mechanism comparable to market prices through which knowledge about societal needs and demands can be conveyed and may thus inevitably result in some forms of punitive disparity. (shrink)

Prior research on the psychology of retribution is complicated by the difficulty of separating retributive and general deterrence motives when studying human offenders . We isolate retribution by investigating judgments about punishing animals, which allows us to remove general deterrence from consideration. Studies 2 and 3 document a “victim identity” effect, such that the greater the perceived loss from a violent animal attack, the greater the belief that the culprit deserves to be killed. Study 3 documents a “targeted punishment” effect, (...) such that the responsive killing of the actual “guilty” culprit is seen as more deserved than the killing of an almost identical yet “innocent” animal from the same species. Studies 4 and 5 extend both effects to participants' acceptance of inflicting pain and suffering on the offending animal at the time of its death, and show that both effects are mediated by measures of retributive sentiment, and not by consequentialist concerns. (shrink)

One of the founding principles of the International Criminal Court is the prevention of atrocities by punishing those most responsible for them. This paper builds on the literature that has both hailed and critiqued the prospects of the ICC’s ability to deter future atrocities, adding insights from criminology and psychology to enhance the understanding of the ICC’s deterrent capabilities. This will allow for a more careful analysis of how the deterrence process exactly works. The paper then uses these insights to (...) examine the ICC’s experiences over the past 14 years with deterring offenders. The main findings are that, although the ICC can constructively contribute to a normative shift toward accountability and a change in international rules of legitimacy, its prospects for the direct and meaningful deterrence of future atrocities are slim. The current practice of relying on the ICC as a crisis management tool is therefore both unwise and unfair. (shrink)

This work examines how the conceptualization of knowledge as both problem and solution reconfigured intelligence and law enforcement after 9/11. The idea was that more information should be collected, and better analyzed. If the intelligence that resulted was shared, then terrorists could be identified, their acts predicted, and ultimately prevented. Law enforcement entered into this scenario in the United States, and internationally. "Policing terrorism" refers to the engagement of state and local law enforcement in intelligence, as well as approaching terrorism (...) as a legal crime, in addition to or as opposed to an act of war. Two venues are explored: fusion centers in the United States and the international organization of police, Interpol. The configuration can be thought of schematically as operating through the set of law, discipline and security. Intelligence is predominantly a security approach. It modulates that within its purview, wielding the techniques and technologies that are here discussed.The dissertation is divided into two sections: Intelligence and Policing Terrorism. In the first, intelligence is taken up as a term, and its changes in referent and concept are examined. The Preface and Chapter One present a general introduction to the contemporary situation and intelligence, via Sherman Kent, as knowledge, organization and activities. Chapter Two traces the development of intelligence in the United States as a craft and profession. Chapter Three discusses some of the issues involving the intersection of intelligence and policy, and how those manifested in the aftermath of 9/11 and the lead up to the 2003 invasion of Iraq. The second section examines the turn to policing terrorism, beginning, in Chapter Four, with how Interpol has dealt with bioterrorism, and an examination of the shifting conceptualization of biological threats in international law. Moving from threats to their consequences, Chapter Five takes up the concept of an event in order to analyze the common comparison of Pearl Harbor and 9/11. Chapters Six and Seven turn to fieldwork done in the United States, with an examination of the suspicious activity reporting system and law enforcement's inclusion in the Information Sharing Environment, focusing on fusion centers and data mining. (shrink)

Human dignity is one of the key concepts of our ethical evaluations, in politics, in biomedicine, as well as in everyday life. In moral philosophy, however, human dignity is a source of intractable trouble. It has a number of characteristic features which apparently do not fit into one coherent ethical concept. Hence, philosophers tend to ignore or circumvent the concept. There is hope for a philosophically attractive conception of human dignity, however, given that one takes three crucial turns. The negative (...) turn: to start the inquiry with violations of human dignity. The inductive turn: to consider the whole range of applications of the concept of human dignity in different areas of ethics. And finally, the historical turn: to take into account the historical bonds between human dignity and traditional conceptions of dignity. Taken together they point in the direction of an understanding of human dignity as universal nobility. (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)

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)

Although naming-and-shaming (shaming) is a commonly used tax enforcement mechanism, little is known about the efficacy of shaming tax evaders. Through two experiments, this study examines the effects of shaming tax evaders on third-party observers’ perceptions of retributive justice and tax compliance intentions, and whether the salience of persuasion of observers moderates these relationships. Based on insights from defiance theory, the message learning model, and persuasive communications, this study predicts and finds that shaming evaders increases observers’ tax compliance intentions. Furthermore, (...) the results show that higher persuasion, which includes sanction and normative appeals, affects observers’ tax compliance intentions. This study also suggests that shaming has a positive effect on perceptions of retributive justice. Importantly, the results reveal that perceptions of retributive justice in shaming punishment mediate the effect of shaming on tax compliance intentions. The implications for theory and practice are discussed. (shrink)

In mainstream business and economics, prizes such as the Presidential Medal of Freedom are understood as special types of incentives, with the peculiar features of being awarded in public, and of having largely symbolic value. Informed by both historical considerations and philosophical instances, our study defines fundamental theoretical differences between incentives and prizes. The conceptual factors highlighted by our analytical framework are then tested through a laboratory experiment. The experimental exercise aims to analyze how prizes and incentives impact actual individuals’ (...) behavior differently. Our results show that both incentives (monetary and contingent) and prizes (non-monetary and discretional rewards) boost motivation to perform if awarded publicly, but only prizes crowd in motivation promoting virtuous attitude. (shrink)