Some environmental views characterise the human abuse of nature as an offence against nature itself. What conception of nature would best fit that characterisation? To focus upon such a conception, aesthetic offences against nature are examined and distinguished at the outset from moral offences. Aesthetic offences are divided into those internal to our cultural outlook and external to it. The external outlook, conceiving nature as a thing wholly apart from us, is shown to be necessary to any view of nature (...) being offended against. Central to the external outlook is a conception of nature as the victim of offence without ever being itself an offending agent. Best fitting this is the notion of nature as primordially innocent. Given this metaphorical extension, the awkward consequence arises that any human use of nature constitutes thereby an abuse of it from the external standpoint. (shrink)

In this article I analyse two complaints of white vilification, which are increasingly occurring in Australia. I argue that, though the complainants (and white people generally) are not harmed by such racialized speech, the complainants in fact harm Australians of colour through these utterances. These complaints can both cause and constitute at least two forms of epistemic injustice (willful hermeneutical ignorance and comparative credibility excess). Further, I argue that the complaints are grounded in a dual misrecognition: the complainants misrecognize themselves (...) in their own privileged racial specificity, and they misrecognize others in their own marginal racial specificity. Such misrecognition preserves the cultural imperialism of Australia’s dominant social imaginary—a means of oppression that perpetuates epistemic insensitivity.Bringing this dual misrecognition to light best captures the indignity that is suffered by the victims of the aforementioned epistemic injustices. I argue that it is only when we truly recognize difference in its own terms, shifting the dominant social imaginary, that “mainstream Australians”can do their part in bringing about a just society. (shrink)

This commentary continues an exchange on eugenics in Monash Bioethics Review between Anomaly (2018), Wilson (2019), and Veit, Anomaly, Agar, Singer, Fleischman, and Minerva (2021). The eponymous question, “Can ‘Eugenics’ be Defended?”, is multiply ambiguous and does not receive a clear answer from Veit et al.. Despite their stated desire to move beyond mere semantics to matters of substance, Veit et al. concentrate on several uses of the term “eugenics” that pull in opposite directions. I argue, first, that Veit et (...) al. (2021) makes much the same error as does Anomaly (2018) in characterizing eugenics; second, that the paper misunderstands the relationship between eugenics and enhancement; and third, that it distorts the views expressed in my “Eugenics Undefended”. (shrink)

Many criminal offenders come from disadvantaged backgrounds, which punishment entrenches. Criminal culpability explains some disadvantageous treatment in state-offender interactions; yet offenders remain people, and ‘some mother’s child’, in Eva Kittay’s terms. Offending behaviour neither erases needs, nor fully excuses our responsibility for offenders’ needs. Caring is demanded in principle, recognising the offender’s personhood. Supporting offenders may amplify welfare resources: equipping offenders to provide self-care; to meet caring responsibilities; and enabling offenders’ contribution to shared social (...) life, by providing support and furthering the choices of others seeking to engage with them. The desistance paradigm (viewing desistance from offending as a process, following from an offender’s active choice in the context of stabilising social structures and personal circumstances), implies that a supportive environment may facilitate reduced recidivism. While decisions about criminal culpability need justice, we may use state resources most effectively by also including care ethics in our thinking about punishment. (shrink)

The current debate on closed-loop brain devices (CBDs) focuses on their use in a medical context; possible criminal justice applications have not received scholarly attention. Unlike in medicine, in criminal justice, CBDs might be offered on behalf of the State and for the purpose of protecting security, rather than realising healthcare aims. It would be possible to deploy CBDs in the rehabilitation of convicted offenders, similarly to the much-debated possibility of employing other brain interventions in this context. Although such (...) use of CBDs could in principle be consensual, there are significant differences between the choice faced by a criminal offender offered a CBD in the context of criminal justice, and that faced by a patient offered a CBD in an ordinary healthcare context. Employment of CBDs in criminal justice thus raises ethical and legal intricacies not raised by healthcare applications. This paper examines some of these issues under three heads: autonomy, human rights, and accountability. (shrink)

The feeling of being offended, as a moral emotion, plays a key role in issues such as slurs, the offense principle, ethics of humor, etc. However, no adequate theory of offense has been developed in the literature, and it remains unclear what questions such a theory should answer. This paper attempts to fill the gap by performing two tasks. The first task is to clarify and summarize the questions of offense into two kinds, the descriptive questions (e.g., what features differentiate (...) offense from similar moral states like anger?) and the normative questions (e.g., what are the conditions for taking offense to be apt?). The second task is to answer these questions by developing what I call ‘the violated norm theory of offense’. According to this theory, feeling offended entails that the norm one endorses is judged to be violated by the offender. Appealing to the violated norm enables this theory to answer the descriptive questions (e.g., taking offense differs from anger because of features like not requiring victims and the difficulty of animal offense) and the normative questions of offense (e.g., taking offense is apt only if the violated norm is universalizable). (shrink)

About 80 % of all convicted have had a prior record of conviction. But how should the state punish repeat offenders (with a prior conviction) as compared with first-time offenders who are convicted? The law in all jurisdictions, a large swathe of public opinion, and the general trend within criminal justice ethics all seem to accept what we may call: -/- Asymmetry A The punishment of repeat offenders should be harsher than the punishment of first-time offenders. (...) -/- This asymmetry is obviously just a rough structure. It leaves a lot of room for interpretation. Several retributivists have argued for progressive loss of mitigation (PLM). On this view, a first-time offender receives a discount on punishment that is gradually lost if he re-offends. When the discount is lost the offender receives the full punishment, and re-offending from that point on will be punished equally. However, recently some retributivists have argued in favour of a cumulative principle (CP) according to which an offender will progressively be punished more severely the more convictions he has accumulated. In sum, in the theoretical literature on the subject, Asymmetry A has been the mantra for several prominent retributivists. The aim of this paper is to point to an all but overlooked logical point in the discussion of punishment and recidivism. This is the point that it follows, from retributivism, that there is a reason - at least in some situations, as we shall see - to support what we may call: -/- Asymmetry B The punishment of repeat offenders should be more lenient than the punishment of first-time offenders. (shrink)

In this contribution, I investigate the way in which our understanding of a dementia patient’s self holds relevance to issues of punishment and respon- sibility. This topic is motivated by the fact that some countries with particularly large prison populations—such as the United States—are starting to build special- ized prison tracts for inmates with dementia. In other countries that do not have such specialized facilities, authorities are trying to find the least badly-equipped facility for such patients, and they are turning (...) to ordinary retirement homes, forensic hospitals as well as ordinary psychiatric and geriatric hospital wards. The problem is expected to become increasingly urgent as the population ages and the number of dementia patients increases. I analyse the way in which justifications of legal (or private) punishment for offenders with dementia can depend on an account of relevant psychological features of the self. I argue that especially retributivist and expressivist justifications of punishment require the offender’s ability to comprehend that he or she is being punished for a particular action in the past and that it was him or herself who committed this action. In the second part of my paper, I distinguish between different accounts of responsibility and argue that accounts of relevant features of the self are also needed here to answer the question of whether offenders with dementia are still responsible for past or current inappropriate behavior. In the final part of the paper, I argue that potentially existing private punishment intuitions among care- takers as well as certain puzzles of responsibility interpretation can make it plausible to relieve certain caretakers from primary responsibility for offenders with dementia, especially caretakers who belong to a relevant former victim group of the offender. (shrink)

To date there are no studies examining the ability to make a moral/conventional transgression distinction in adolescent offenders with psychopathic traits. Based on the Psychopathy Checklist: Youth Version, we compared males with high (HP, n = 45), medium (MP, n = 31) and low psychopathy scores (LP, n = 39) on the moral convention distinction task. Under normal rule conditions the psychopathy groups did not differ in their ability to make a moral/conventional distinction. The HP group tended to view (...) both transgression types as more permissible and conventional transgressions as less serious, than the LP group. Under modified rule conditions, the HP group exhibited reduced moral/conventional distinction scores com- pared to the MP group. The findings only partially replicate findings from previous M/C studies in children and adults with psychopathic traits. The work fits with more recent reports suggesting that psychopathy is not strongly associated with marked difficulties in cognitive theory of mind, perspective taking and moral judgements. Future studies should focus on the affective aspects of moral reasoning in offender samples. (shrink)

This chapter provides an account of what dogmatism is, why the term matters, and how it applies to withholding judgment. Roughly, a person is dogmatic about P when a certain problematic personal investment—a superiority complex, broadly construed—biases their judgment concerning whether P. The term dogmatism and its cognates matter because of their social function. To accuse you of dogmatism is to signal how you are to be treated: your judgment or behavior needs to be “brought down to earth,” so that (...) you have a more accurate view of yourself or so you stop treating others as less important or less than. Withholding judgment can be dogmatic in the same way that belief is dogmatic. Belief (withholding) is dogmatic just when the relevant problematic personal investment results in biases that keep a person stuck in that belief (withholding). (shrink)

Every day, millions of people use mobile phones, play video games and surf the Internet. It is thus important to determine how technologies like these change what people think and how they behave. This is a central issue in the study of persuasive technologies. ‘Persuasive technologies’—henceforth ‘PTs’—are digital technologies, such as mobile apps, video games and virtual reality systems, that are deployed for the explicit purpose of changing attitudes and/or behaviours, without using coercion, deception or extreme forms of psychological manipulation (...) (such as hypnosis or indoctrination), and without exerting a direct (not psychologically mediated) physical effect on the brain. Typically PTs employ strategies such as prompting, information provision and encouragement... (shrink)

There is a paucity of research on how psychopathy relates to decision-making. In this study, we assessed the relationship between affective decision-making and psychopathic personality. A sample of prisoners (n D 49) was characterized in terms of psychopathic traits using the Psychopathic Checklist: Screening Version (PCL:SV). Decision-making was assessed using the Iowa Gambling Task (IGT). Higher levels of psychopathy related to more advantageous choices (p D .003). Also counter-intuitively, higher levels of antisocial traits (facet 4) predicted advantageous choices during the (...) learning phase of the task (p D .004). Our findings suggest that some psychopathic facets may be more relevant to decisionmaking under risk, and highlight the importance of further investigations considering facet and trait-level relationships with decision-making. (shrink)

Research on psychopathy among incarcerated, Caucasian males has consistently demonstrated deficits in emotion processing and response inhibition. Using the PCL-R to classify participants as psychopathic or non-psychopathic, this study examined the performance of incarcerated, Caucasian females on two laboratory tasks: A lexical decision task used to assess emotion processing and a passive avoidance task used to assess response inhibition. Contrary to prediction, deficits in performance typically exhibited by psychopathic males were not exhibited by psychopathic females in this sample. Implications of (...) these findings are discussed and an interpretation of the results in the context of the Response Modulation Hypothesis is presented. (shrink)

We live in a world that witnesses an ongoing war between an entitled audience and, for the purposes of this paper, comedians who are too afraid to be vocal in their acts. There is no better time to try and understand the journey of humor- how it has fared in history and how people have reacted to it over time. This paper focuses on the philosophical implications of a joke by trying to break down the concept of humor to its (...) fundamentals. (shrink)

Incarceration remains the foremost form of sentence for serious crimes in Western democracies. At the same time, the management of prisons and of the prison population has become a major real-world challenge, with growing concerns about overcrowding, the offenders’ well-being, and the failure of achieving the distal desideratum of reduced criminality, all of which have a moral dimension. In no small part motivated by these practical problems, the focus of the present article is on the ethical framework that we (...) use in thinking about and administering criminal justice. I start with an analysis of imprisonment and its permissibility as a punitive tool of justice. In particular, I present a novel argument against punitive imprisonment, showing it to fall short in meeting two key criteria of just punishment, namely (i) that the appropriate individual is being punished, and (ii) that the punishment can be adequately moderated to reflect the seriousness of the crime. The principles I argue for and that the aforementioned analysis brings to the fore, rooted in the sentient experience, firstly of victims, and not only of victims but also of the offenders as well as the society at large, then lead me to elucidate the broader framework of jurisprudence that I then apply more widely. Hence, while rejecting punitive imprisonment, I use its identified shortcomings to argue for the reinstitution of forms of punishment that are, incongruently, presently not seen as permissible, such as corporal punishment and punishments dismissed on the basis of being seen as humiliating. I also present a novel view of capital punishment, which, in contradiction to its name, I reject for punitive aims, but which I argue is permissible on compassionate grounds. (shrink)

Pessimistic empirical evidence about the reformatory and deterrent effects of punitive treatment poses a challenge for all justificatory theories of punishment. Yet, the dominant progressive view remains that punishment is required for the most serious crimes. This paper outlines an empirically sensitive prospectus for justifying punitive treatment through understanding the importance of reintegration. On this view, punishment can be viewed as a preferred alternative to the rigours of social ostracism, a common way of dealing with offenders in lieu of (...) formal criminal justice. Adopting reintegration as a primary aim encourages taking a longer view which focuses on desistance from criminality rather than only on reform at the point of release from formal punishment. The view outlined in this paper enables a vindication of reintegrative punishment even when it is not the most immediately efficient means of reforming offenders. In making this argument, I develop the modern retributive platform in criminal justice theory, identify various overlooked yet key nuances in the relationship between reintegration and reform, and argue for greater theoretical and practical attention to how the state can make the communities they serve more receptive to reintegrating offenders. (shrink)

Juvenile offenders are sometimes transferred to a criminal court where they may stand trial as adults. The rationale for this current trend cannot be justified based on evidence from developmental psychology, the evidence of consistent positive effects for particular intervention strategies, and ethical arguments for justification of punishment. The rationale in actuality reflects the selective manipulation of the alternative conceptions of young people as dependent and vulnerable or as autonomous and responsible to continue to justify policies that entail cultural (...) and racial discrimination. Discretionary decisions at various stages of the justice process amplify racial disparities as minority youths proceed through the system and result in more severe dispositions that for comparable White youths. (shrink)

The human dimensions involved in the operational objectives of Restorative Justice demand the highest quality of program design and staff training. In this paper, I argue that this desideratum has yet to be fully realized in existing Restorative Justice programs, in particular, with regard to the facilitation of reconciliation. I begin by presenting the chief problems associated with the concentration on reparation in Restorative Justice programs, to the neglect of reconciliation. I then argue that this phenomenon is, in part, a (...) consequence of (i) the almost universal use of service-delivery criteria in the evaluation of Restorative Justice programs, and (ii) the absence of research on the interactional processes involved within the victim-offender encounter itself, using suitably designed methodological tools. (shrink)

Exploratory factor analysis (EFA) of the Psychopathic Personality Inventory (PPI; S. O. Lilienfeld, 1990; S. O. Lilienfeld & B. P. Andrews, 1996) with a community sample has suggested that the PPI subscales may comprise 2 higher order factors (S. D. Benning, C. J. Patrick, B. M. Hicks, D. M. Blonigen, & R. F. Krueger, 2003). However, substantive and structural evidence raises concerns about the viability of this 2-factor model, particularly in offender populations. The authors attempted to replicate the S. D. (...) Benning et al. 2-factor solution using a large (N= 1,224) incarcerated male sample. Confirmatory factor analysis of this model resulted in poor model fit. Similarly, using the same EFA procedures as did S. D. Benning et al., the authors found little evidence for a 2-factor model. When they followed the recommendations of J.-W. van Prooijen and W. A. van der Kloot (2001) for recovering EFA solutions, model fit results provided some evidence that a 3-factor EFA solution could be recovered via confirmatory factor analysis. (shrink)

People are often offended by beliefs, expect apologies for beliefs, apologize for their own beliefs. In many mundane cases, people are morally criticized for their beliefs. Intuitively, then, beliefs seem to sometimes wrong people. Recently, the philosophical literature has picked up on this theme, and has started to discuss it under the heading of doxastic wrongdoing. In this paper we argue that despite the strength of such initial intuitions, at the end of the day they have to be rejected. If (...) it can be ever truthfully asserted that beliefs wrong, this is always derivative – beliefs wrong only in virtue of other things (like evidence-gathering actions) wronging. We distinguish between modest and ambitious doxastic wrongdoing theories (the former deny, while the latter accept, the possibility of a morally wrong yet epistemically permissible belief); we argue that each of these options faces insurmountable problems; and we offer partly debunking explanations of the intuitions purportedly supporting doxastic wrongdoing. (shrink)

In many jurisdictions, an offender’s remorse is considered to be a relevant factor to take into account in mitigation at sentencing. The growing philosophical interest in the use of neurointerventions in criminal justice raises an important question about such remorse-based mitigation: to what extent should technologically facilitated remorse be honoured such that it is permitted the same penal significance as standard instances of remorse? To motivate this question, we begin by sketching a tripartite account of remorse that distinguishes cognitive, affective (...) and motivational elements of remorse. We then describe a number of neurointerventions that might plausibly be used to enhance abilities that are relevant to these different elements of remorse. Having described what we term the ‘moral value’ view of the justification of remorse-based mitigation, we then consider whether using neurointerventions to facilitate remorse would undermine its moral value, and thus make it inappropriate to honour such remorse in the criminal justice system. We respond to this question by claiming that the form of moral understanding that is incorporated into a genuinely remorseful response grounds remorse’s moral value. In view of this claim, we conclude by arguing that neurointerventions need not undermine remorse’s moral value on this approach, and that the remorse that such interventions might facilitate could also be authentic to the recipient of the neurointerventions that we discuss. (shrink)

The issue whether psychopathic offenders are practically rational has attracted philosophical attention. The problem is relevant in theoretical discussions on moral psychology and in those concerning the appropriate social response to the crimes of these individuals. We argue that classical and current experiments concerning the instrumental learning in psychopaths cannot directly support the conclusion that they have impaired instrumental rationality, construed as the ability for transferring the motivation by means-ends reasoning. In fact, we defend the different claim that these (...) experiments appear to show that psychopaths in certain circumstances are not aware of the relevant means for their ends. Moreover, we suggest how further empirical research could help to settle the issue. (shrink)

Do we insult, offend or slight a speaker when we refuse her testimony? Do we compliment, commend or extol a speaker when we accept her testimony? I argue that the answer to both of these questions is “yes”, but only in some instances, since these respective insults and compliments track the reasons a hearer has for rejecting or accepting testimony. When disbelieving a speaker, a hearer may insult her because she judges the speaker to be either incompetent as a knower (...) or insincere as a teller. However, there are many instances where we reject testimony without making this negative evaluation of the speaker, and as such, without paying her an insult. Testimonial compliments are fewer in number, and are not constitutive of “everyday” testimonial exchanges, since, speakers who are competent as knowers and sincere as tellers are merely behaving correctly in accordance with the norms of testifying. Nevertheless, deferring to an authority on belief can be complimentary to that speaker if by doing so we judge her to have some mastery in a particular domain. Testimonial insults and compliments have important moral implications, particularly with regard to epistemic injustice and therapeutic trust. (shrink)

Background: Mental health professionals working in correctional contexts engage a double role to care and control. This dual loyalty conflict has repeatedly been criticized to impede the development of a high-quality alliance. As therapeutic alliance is a robust predictor of outcome measures of psychotherapy, it is essential to investigate the effects of this ethical dilemma. Methods: This qualitative interview study investigates patients’ perceptions of their therapists’ dual role conflict in court-mandated treatment settings. We interviewed 41 older incarcerated persons using a (...) semi-structured interview guide, the interviews were subsequently analyzed following thematic analysis. Results: We first present the patients’ perceptions of their treating psychotherapist’s dual loyalty conflict, which was linked to their overall treatment experience. In a second step, we outline the study participants’ reasons for this judgment, which were most commonly linked to feelings of trust or betrayal. More specifically, they named certain therapist characteristics and activities that enabled them to develop a trustful therapeutic alliance, which we grouped into four topics: respecting the patient’s pace and perceived coercion; patient health needs to be first priority; clarity in roles and responsibilities; and the art of communication – between transparency and unchecked information sharing. Discussion: Developing a high quality alliance in mandatory offender treatment is central due to its relationship with recovery and desistance. Our findings show that some therapists’ characteristics and activities attenuate the negative impact of their double role on the development and maintenance of the alliance. To increase the effectiveness of court-mandated treatments, we need to support clinicians in dealing with their dual role to allow the formation of a high quality therapeutic alliance. Our qualitative interview study contributed to this much-needed empirical research on therapist’ characteristics promoting a trustful relationship in correctional settings. (shrink)

Half of the drug offenders incarcerated in the United States are black, even though whites and blacks use and sell drugs at the same rate, and blacks make up only 13 percent of the population. Noncomparativists about retributive justice see nothing wrong with this picture; for them, an offender’s desert is insensitive to facts about other offenders. By contrast, comparativists about retributive justice assert that facts about others can partially determine an offender’s desert. Not surprisingly, comparativists, especially comparative (...) egalitarians, contend that differential punishment is retributively unjust. I agree with this assessment, but take issue with the reasons egalitarians cite in its favor. In this paper, I argue that differential punishment violates retributive justice because it contributes to structural racial oppression. Over the course of developing and defending this claim, I identify the shortcomings of both comparative egalitarianism and respectarianism, which is the most popular and plausible brand of noncomparativism. (shrink)

This essay is a sustained attempt to bring new light to some of the perennial problems in philosophy of mind surrounding phenomenal consciousness and introspection through developing an account of sensory and phenomenal concepts. Building on the information-theoretic framework of Dretske (1981), we present an informational psychosemantics as it applies to what we call sensory concepts, concepts that apply, roughly, to so-called secondary qualities of objects. We show that these concepts have a special informational character and semantic structure that closely (...) tie them to the brain states realizing conscious qualitative experiences. We then develop an account of introspection which exploits this special nature of sensory concepts. The result is a new class of concepts, which, following recent terminology, we call phenomenal concepts: these concepts refer to phenomenal experience itself and are the vehicles used in introspection. On our account, the connection between sensory and phenomenal concepts is very tight: it consists in different semantic uses of the same cognitive structures underlying the sensory concepts, such as the concept of red. Contrary to widespread opinion, we show that information theory contains all the resources to satisfy internalist intuitions about phenomenal consciousness, while not offending externalist ones. A consequence of this account is that it explains and predicts the so-called conceivability arguments against physicalism on the basis of the special nature of sensory and phenomenal concepts. Thus we not only show why physicalism is not threatened by such arguments, but also demonstrate its strength in virtue of its ability to predict and explain away such arguments in a principled way. However, we take the main contribution of this work to be what it provides in addition to a response to those conceivability arguments, namely, a substantive account of the interface between sensory and conceptual systems and the mechanisms of introspection as based on the special nature of the information flow between them. (shrink)

Crucially, blame can be addressed to its targets, as an implicit demand for recognition. But when we ask whether offenders would actually appreciate this demand, via a sound deliberative route from their existing motivations, we face a puzzle. If they would, their offense reflects a deliberative mistake, and blame’s hostility seems unnecessary. If they wouldn’t, addressing them is futile, and blame’s emotional engagement seems unwarranted. To resolve this puzzle, I develop an account of blame as a proleptic response to (...) indeterminacy in its target’s reasons, yielding attractive accounts of blame’s relation both to internal reasons claims and to free will. (shrink)

Often, when we are angry, we are angry at someone who has hurt us, and our anger is a protest against our perceived mistreatment. In these cases, its function is to hold the abuser accountable for their offense. The anger involves a demand for some sort of change or response: that the hurt be acknowledged, that the relationship be repaired, that the offending party reform in some way. In this paper, I develop and defend an account of a different form (...) of anger, called "outrage anger". Outrage anger does not aim to hold an abuser accountable, nor to demand repair or reform. Drawing on the work of Maria Lugones, I argue that outrage anger is directed at the state of affairs in which a violation is unintelligible to the dominant moral community. The central function of outrage anger is a psychological boundary setting: it closes off the victim’s ability to feel empathy for their abuser. Outrage has an important role to play in the context of political injustice, but that it also comes with significant costs. (shrink)

Identification of factors that predict recurrent antisocial behavior is integral to the social sciences, criminal justice procedures, and the effective treatment of high-risk individuals. Here we show that error-related brain activity elicited during performance of an in- hibitory task prospectively predicted subsequent rearrest among adult offenders within 4 y of release (N =96). The odds that an offender with relatively low anterior cingulate activity would be rearrested were approximately double that of an offender with high activity in this region, (...) holding constant other observed risk factors. These results suggest a potential neurocognitive biomarker for persistent antisocial behavior. (shrink)

According to qualitativism, thisness is not a fundamental feature of reality; facts about particular things are metaphysically second-rate. In this paper, I advance an argument for qualitativism from ideological parsimony. Supposing that reality fundamentally contains an array of propertied things, non-qualitativists employ a distinct name (or constant) for each fundamental thing. I argue that these names encode a type of worldly structure (thisness structure) that offends against parsimony and that qualitativists can eliminate without incurring a comparable parsimony-offense.

This paper investigates how human interactions with AI-powered chatbots may offend human dignity. Current chatbots, driven by large language models (LLMs), mimic human linguistic behaviour but lack the moral and rational capacities essential for genuine interpersonal respect. Human beings are prone to anthropomorphise chatbots—indeed, chatbots appear to be deliberately designed to elicit that response. As a result, human beings’ behaviour toward chatbots often resembles behaviours typical of interaction between moral agents. Drawing on a second-personal, relational account of dignity, we argue (...) that interacting with chatbots in this way is incompatible with the dignity of users. We show that, since second-personal respect is premised on reciprocal recognition of second-personal moral authority, behaving towards chatbots in ways that convey second-personal respect is bound to misfire in morally problematic ways, given the lack of reciprocity. Consequently, such chatbot interactions amount to subtle but significant violations of self-respect—the respect we are dutybound to show for our own dignity. We illustrate this by discussing four actual chatbot use cases (information retrieval, customer service, advising, and companionship), and propound that the increasing societal pressure to engage in such interactions with chatbots poses a hitherto underappreciated threat to human dignity. (shrink)

There have been 417 gun violence in schools since Columbine. In these shootings, more than 383,000 students were killed. At the time of the event, most offenders of school mass shootings were targets of school bullying, experiencing a mental health crisis, and a history of depression. Effective interventions and support that could help prevent or reduce school bullying incidents require understanding the process of demoralization and empowering social change. This paper is part of an original constructivist grounded theory study (...) on democratic social change in America explored through a post hoc polytheoretical framework comprised of Foucauldian, Bourdieuan, and Marxist power. It aims to answer the question: In which areas would the democratic social change grounded theory resonate the most? Of significance was the finding of a novel framework from which to understand and assess how students unknowingly use power strategies that could lead to the demoralization of targets of bullying who lack adequate coping skills and meaningful support and an empowering social change process that could counter demoralization and lead to security. More research is needed on bully-involved demoralization and specific interventions that lead to positive and sustainable social change. (shrink)

The concept of respect for persons is often rejected as a basis for understanding forgiveness. As many have argued, to hold your offender responsible for her actions is to respect her as a person; but this kind of respect is more likely to sustain, rather than dissolve, your resentment toward her (Garrard & McNaughton 2003; 2011; Allais 2008). I seek to defend an alternative view in this paper. To forgive, on my account, involves ceasing to identify your offender with her (...) wrongdoing, and this requires a corresponding affective change on your behalf. While there are different ways this may happen, I argue that respect for your offender as a person can play a significant role in the process. (shrink)

How should we punish criminal offenders? One prima facie attractive punishment is administering a mandatory neurointervention—interventions that exert a physical, chemical or biological effect on the brain in order to diminish the likelihood of some forms of criminal offending. While testosterone-lowering drugs have long been used in European and US jurisdictions on sex offenders, it has been suggested that advances in neuroscience raise the possibility of treating a broader range of offenders in the future. Neurointerventions could be (...) a cheaper, and more effective method of punishment. They could also be more humane. Nevertheless, in this paper we provide an argument against the use of mandatory neurointerventions on offenders. We argue that neurointerventions inflict a significant harm on an offender that render them a morally objectionable form of punishment in a respect that incarceration is not. Namely, it constitutes an objectionable interference with the offender’s mental states. However, it might be thought that incarceration also involves an equally objectionable interference with the offender’s mental states. We show that even if it were the case that the offender is harmed to the same extent in the same respect, it does not follow that the harms are morally equivalent. We argue that if one holds that intended harm is more difficult to justify than harm that is unintended but merely foreseen, this means neurointerventions could be morally objectionable in a significant respect that incarceration is not. (shrink)

The American justice system, from police departments to the courts, is increasingly turning to information technology for help identifying potential offenders, determining where, geographically, to allocate enforcement resources, assessing flight risk and the potential for recidivism amongst arrestees, and making other judgments about when, where, and how to manage crime. In particular, there is a focus on machine learning and other data analytics tools, which promise to accurately predict where crime will occur and who will perpetrate it. Activists and (...) academics have begun to raise critical questions about the use of these tools in policing contexts. In this chapter, I review the emerging critical literature on predictive policing and contribute to it by raising ethical questions about the use of predictive analytics tools to identify potential offenders. Drawing from work on the ethics of profiling, I argue that the much-lauded move from reactive to preemptive policing can mean wrongfully generalizing about individuals, making harmful assumptions about them, instrumentalizing them, and failing to respect them as full ethical persons. I suggest that these problems stem both from the nature of predictive policing tools and from the sociotechnical contexts in which they are implemented... (shrink)

When writing on forgiveness, most authors focus on when it is appropriate to forgive and the role that the offender’s attitudes play in determining the appropriateness of forgiveness. In this paper I will take a different approach. Instead of examining when forgiveness may or may not be appropriate, I discuss the moral attitude displayed by being unforgiving. I argue that we have reason to strive for forgiveness based on the kind of moral outlook we deplore in those who wrong us, (...) and that we strive to remove from our own moral worldview. Believing someone to be unforgivable can result in the adoption of aspects of the wrongdoer’s moral outlook and so forgiveness is worth attempting for reasons unconnected to the wrongdoer’s attitudes: reasons that arise from the kinds of moral agents we strive to be. (shrink)

Adherents to reconciliation, restorative justice, and related approaches to dealing with social conflict are well known for seeking to minimize punishment, in favor of offenders hearing out victims, making an apology, and effecting compensation for wrongful harm as well as victims forgiving offenders and accepting their reintegration into society. In contrast, I maintain that social reconciliation and similar concepts in fact characteristically require punishment but do not require forgiveness. I argue that a reconciliatory response to crime that includes (...) punitive disavowal but not necessarily forgiveness is supported by an analogy with resolving two-person conflict and by relational facets of human dignity. I also specify a novel account of the type of penalty that is justified by reconciliation, namely, burdensome labor that is likely to foster moral reform on the part of wrongdoers and to compensate their victims, which would serve neither retributive nor deterrent functions. I illustrate this conception of punishment in contexts that include having cheated on an exam at a university, engaged in criminal behavior such as robbery, and committed atrocities during large-scale social conflict. (shrink)

Consider the idea that suffering of some specific kind is deserved by those who are guilty of moral wrongdoing. Feeling guilty is a prime example. It might be said that it is noninstrumentally good that one who is guilty feel guilty (at the right time and to the right degree), or that feeling guilty (at the right time and to the right degree) is apt or fitting for one who is guilty. Each of these claims constitutes an interesting thesis about (...) desert, given certain understandings of what desert is. After examining these claims, the paper briefly explores the idea that an offender might deserve certain forms of treatment by others. The paper concludes by contrasting the modest theses on which it focuses with a far bolder one, to the effect that if we are morally responsible, then it makes sense to suppose that some of us might deserve to suffer eternal torment. The more modest theses do not commit one to anything of this sort. (shrink)

This paper explores the derogatory uses of nicknames within closely-knit social settings such as villages, households, and schools. By examining ethnographic and psychological data on nicknaming practices, this paper contends that pejorative nicknames and slurs share structural and functional attributes. On the one hand, pejorative nicknames and slurs can elicit deep offence regardless of the speaker’s intentions or whether they occur within speech reports. On the other, pejorative nicknames can contribute to creating and reinforcing unjust intra-group hierarchies, hence mirroring the (...) role of slurs within a smaller social scale. To explain these shared attributes, this paper argues (i) that both forms of verbal aggression index multiple dimensional qualities such as ‘negative valence’, ‘neutral arousal’, and ‘high dominance’ rather than discrete emotional categories such as ‘contempt’ or ‘anger’, and (ii) that the expression of high dominance in social interactions underlies their capacity to offend. Then, it translates this hypothesis into a Bayesian model of sociolinguistic variation inspired by Heather Burnett’s work on identity construction, thus integrating pragmatic reasoning into a psychologically informed framework for interpreting emotional cues. By studying both phenomena in tandem, this paper shows how understanding nicknaming dynamics within smaller speech-act communities can contribute to our comprehension of the derogatory impact of slurs in more intricate social contexts. (shrink)

I argue that fitting resentment tracks unacceptable ‘ecological’ imbalances in relative social strength between victims and perpetrators that arise from violations of legitimate moral expectations. It does not respond purely, or even primarily, to offenders’ attitudes, and its proper targets need not be fully developed moral agents. It characteristically involves a wish for the restoration of social equilibrium rather than a demand for moral recognition or good will. To illuminate these contentions, I focus on cases that I believe demonstrate (...) a corollary thesis, namely, that strength, broadly construed, is a necessary condition of resentment-worthiness. I argue that weakness can make resentment unfitting in two ways. First, weakness may prevent a wrongdoer from shifting the balance of social power. Second, a weak wrongdoer may do social damage but be so lowly that resentment, which would represent him as excessively strong, would be inapt. Finally, I consider how accepting the ecological view might affect our theorizing about moral responsibility and the ethics of blame. (shrink)

As neuroscience progresses, we will not only gain a better understanding of how our brains work, but also a better understanding of how to modify them, and as a result, our mental states. An important question we are faced with is whether the state could be justified in implementing such methods on criminal offenders, without their consent, for the purposes of rehabilitation and reduction of recidivism; a practice that is already legal in some jurisdictions. By focusing on a prominent (...) type of view of free action, which I call bypassing views, this paper evaluates how such interventions may negatively impact the freedom of their subjects. The paper concludes that there will be a tension between the goals of rehabilitation and reduction of recidivism, on the one hand, and the negative impact such interventions may have on free action, on the other. Other things equal, the better that a particular intervention is at achieving the former, the more likely it is to result in the latter. (shrink)

This article introduces a concept that I refer to as racialized forgiveness. Cases that exemplify certain conditions that I take as paradigmatic of the problem of racialized forgiveness include instances in which: who is forgiven or not is determined by the race of the offender; praise and criticisms of forgiveness are determined by the race of the victim; and praise and criticisms of forgiveness are, at least implicitly, racially self-serving. I argue that this practice is morally objectionable because of its (...) psychological origins, moral failures, and negative effects. Accordingly, in order to dodge these pitfalls, we need to practice forgiveness differently. (shrink)

Crime-preventing neurointerventions (CPNs) are increasingly being used or advocated for crime prevention. There is increasing use of testosterone-lowering agents to prevent recidivism in sexual offenders, and strong political and scientific interest in developing pharmaceutical treatments for psychopathy and anti-social behaviour. Recent developments suggest that we may ultimately have at our disposal a range of drugs capable of suppressing violent aggression, and it is not difficult to imagine possible applications of such drugs in crime prevention. But should neurointerventions be used (...) in crime prevention, and may the state ever permissibly impose CPNs as part of the criminal justice process? It is widely thought that preventing recidivism is one of the aims of criminal justice, yet existing means of pursuing this aim are often poorly effective, restrictive of basic freedoms, and harmful. Incarceration, for example, tends to be disruptive of personal relationships and careers, detrimental to physical and mental health, highly restrictive of freedom of movement and association, and rarely more than modestly effective at preventing recidivism. Neurointerventions hold the promise of preventing recidivism in ways that are more effective and more humane, but the use of CPNs in criminal justice raises several ethical concerns. CPNs could be highly intrusive and may threaten fundamental human values, such as bodily integrity and freedom of thought, and humanity has a track record of misguided, harmful, and unwarrantedly coercive use of neurotechnological ‘solutions’ to criminality. This collection brings together original contributions from emerging scholars and internationally renowned moral and political philosophers to address these issues. (shrink)

Suppose we embrace the republican ideal of freedom as non-domination: freedom as immunity to arbitrary interference. In that case those acts that call uncontroversially for criminalization will usually be objectionable on three grounds: the offender assumes a dominating position in relation to the victim, the offender reduces the range or ease of undominated choice on the part of the victim, and the offender raises a spectre of domination for others like the victim. And in that case, so it appears, the (...) obvious role for punishment will be, so far as possible, to undo such evils: to rectify the effects of the crime that make it a repugnant republican act. This paper explores this theory of punishment as rectification, contrasting it with better established utilitarian and retributivist approaches. (shrink)

Successful criminal attempts at an intended offense and failed attempts at the same are differentially punished, which means that a successful attempt carries more punishment than the failed attempt. However, because the difference between success and failure can be decided by luck or allegedly irrelevant factors, moral and legal philosophers have opposed differential punishment on the argument that offenders are equally morally blameworthy whether or not their criminal attempts succeed. Using premises accepted by those who oppose differential punishment, I (...) offer a justification of differential punishment grounded in a relevant moral difference between realized and unrealized criminal attempts that involves rejecting the merger doctrine in criminal law. Under this doctrine, the criminal attempt and the intended offense should merge at conviction, which means the offender is only punished for the attempt or the intended offense but not both. I argue that the merger doctrine should not always apply, especially to attempted murder. If so, murder should carry more punishment than attempted murder by the same logic that committing two crimes should carry more punishment than committing either crime alone. (shrink)

Methodological nationalism is the assumption that nation-states are the relevant units for analyzing social phenomena. Most of the social sciences recognized it as a source of bias, but not the ethics of immigration. Is this field biased by methodological nationalism—and if so, to what extent? This article takes nationalism as an implicit bias and provides a method to assess its depth. The method consists in comparing principles that ethicists commonly discuss when immigration is not at stake with principles advocated in (...) the ethics of immigration. To interpret the results, a distinction between mild and heavy bias is established. When a basic principle in ethics is underdiscussed or absent from the ethics of immigration, the field is ‘mildly biased’. When its negation is commonly advocated, the field is ‘heavily biased’. Here, the method is illustrated with two principles: equal opportunity and reparation. They are common in theories of distributive justice and of corrective justice, respectively. But in the ethics of immigration, scholars often argue for the opposite. Instead of equal opportunity, they implicitly support discrimination based on national origin; instead of sanctions or amnesty for the offenders, scholars plead amnesty for those who they otherwise regard as victims. These preliminary results suggest that the field is heavily biased: methodological nationalism seems to turn ethics into its opposite. (shrink)

There are a number of important links and similarities between public health and safety. In this extended essay, Gregg D. Caruso defends and expands his public health-quarantine model, which is a non-retributive alternative for addressing criminal behavior that draws on the public health framework and prioritizes prevention and social justice. In developing his account, he explores the relationship between public health and safety, focusing on how social inequalities and systemic injustices affect health outcomes and crime rates, how poverty affects brain (...) development, how offenders often have pre-existing medical conditions (especially mental health issues), how involvement in the criminal justice system itself can lead to or worsen health and cognitive problems, how treatment and rehabilitation methods can best be employed to reduce recidivism and reintegrate offenders back into society, and how a public health approach could be successfully applied within the criminal justice system. Caruso's approach draws on research from the health sciences, social sciences, public policy, law, psychiatry, medical ethics, neuroscience, and philosophy, and he delivers a set of ethically defensible and practically workable proposals for implementing the public health-quarantine model. The essay begins by discussing recent empirical findings in psychology, neuroscience, and the social sciences that provide us with an increased understanding of the social and neurological determinants of health and criminal behavior. It then turns to Caruso's public health-quarantine model and argues that the model provides the most justified, humane, and effective approach for addressing criminal behavior. Caruso concludes by proposing a capability approach to social justice grounded in six key features of human well-being. He argues that we cannot successfully address concerns over public health and safety without simultaneously addressing issues of social justice—including the social determinants of health (SDH) and the social determinants of criminal behavior (SDCB)—and he recommends eight general policy proposals consistent with his model. (shrink)

It has been argued that a retributivist criminal justice system treats offenders with a respect lacking in alternative criminal justice systems; retributivism presumably recognizes that offenders are fellow members of the moral community who can be held responsible for their actions. One version of the respect argument builds on P.F. Strawson’s moral responsibility theory. According to Strawson, we may take either a participant or objective attitude toward other people. The former is the default attitude when interacting with other (...) adults, whereas the latter is fit for children and the mentally disabled or ill, whom we merely try to manage and handle as best we can. The participant attitude also involves holding people responsible when they do wrong. Supposedly, a retributivist criminal justice system functions as a natural continuation of our everyday, participant, and responsibility-holding practices, unlike alternative systems that adopt an objective attitude toward offenders. I argue that this is wrong. The participant attitude requires reciprocity and, usually, some level of equality too. Even an idealized retributivist system has little room for this, not to mention the flawed versions of this system we see in reality. (shrink)

Automated decision making for sentencing is the use of a software algorithm to analyse a convicted offender’s case and deliver a sentence. This chapter reviews the moral arguments for and against employing automated decision making for sentencing and finds that its use is in principle morally permissible. Specifically, it argues that well-designed automated decision making for sentencing will better approximate the just sentence than human sentencers. Moreover, it dismisses common concerns about transparency, privacy and bias as unpersuasive or inapplicable. The (...) chapter also notes that moral disagreement about theories of just sentencing are plausibly resolved by applying the principle of maximising expected moral choiceworthiness, and that automated decision making is better suited to the resulting ensemble model. Finally, the chapter considers the challenge posed by penal populism. The dispiriting conclusion is that although it is in theory morally desirable to use automated decision-making for criminal sentencing, it may well be the case that we ought not to try. (shrink)