This seems to really dance around the fact (getting very close a number of times) that the primary reason for punishment is that if you don't punish the perpetrator, the victim, their family, and their loved ones will consider the matter unresolved, and attempt to carry out what they think would be an adequate punishment themselves. Then the perpetrator and their family would retaliate, and society eventually dissolves in the tit-for-tat. The justice system is something that you use to prevent a civil war.
A secondary reason is touched upon here, but if the perpetrator of crime is not punished, only isolated comfortably, committing crime becomes attractive in and of itself to the portion of people who are currently less comfortable than prisoners. That's why the treatment of prisoners is a great metric for the quality of a society: it sets a baseline for the way non-prisoners are treated. You can't give prisoners free, high-quality education, no matter how helpful it would be to prevent crime after they're released, if you're not giving it to the general public, or else the general public would commit crimes to be educated.
> You can't give prisoners free, high-quality education, no matter how helpful it would be to prevent crime after they're released, if you're not giving it to the general public, or else the general public would commit crimes to be educated.
Doesn't the US do exactly that with health care? I have heard of a few people committing crimes to get free treatment, but it doesn't appear to be a widespread issue.
Prison healthcare exists but is by no means a gold standard. It just needs to be good enough to not be negligence or abuse in terms of obligations. The stories are still rare enough to warrant their own news articles.
There is a long history of infamous "donut holes" in medical coverage via things like Medicaid on state by state basis. Even without the benefits people become better off as a write-off to collectors than to attempt pursuit, a state somewhat derogatorily called judgement-proof.
Yep. IIRC, if you've been incarcerated in the past year, that's an automatic in to state healthcare. They don't exactly advertise this, but it's pretty well-known.
As a victim of violent crime, that is not my experience. Whether or not the victim wants retribution seems IMO to be cultural, religious and based on education. I am in support with victims of violent crimes (including murders), and the majority of the victims do NOT want retribution, unless it involves some magical method of enlightening the perpetrator. They often feel that retribution is yet another thing (like the original crime itself) that is being projected onto them involuntarily. Let it go already. If you do not let it go, you own it as physical pain and sickness in your own body.
Punishment is a form of compensation of the damage inflicted.
The perpetrator of a,crime must compensate the damage to the victim(s), at a somehow excessive rate to prevent crime from being a viable business model.
This is relatively simple (though not easy) for property-related crimes. It's much harder for crimes like battery or rape.
That said, staying in a prison is about the least productive way to compensate, or to repent. Prisons, as seen in USA, should be abolished and replaced with other institutions.
Property crimes can be paid for with labor, with less limitations of freedoms than in a prison. Education should be provided not just for rehabilitation (which is a worthy aim), but to also produce the compensation faster, while earning the basic upkeep.
Non-property crimes should likely be paid for in repentance work, on top of material compensation work: by working at places that expose the perpetrator to the woes of people who suffered through consequences relevant to the crime. Maybe something like menial work at a hospice.
Punishment isn't any sort of compensation. Victims receive compensation. Compensation replaces a portion of the loss represented by crime. Perpetrators receive punishment, and it doesn't replace anything. It actually represents even more loss (in the US to the tune of something like $40K a year per prisoner.)
edit: Punishment for the victim is like a gift-wrapped empty box. It doesn't fix anything that the crime did, and the system pretends like they're doing it for the victim. The system punishes perpetrators in order to stop the victims from doing it themselves. It's not a favor.
A model like this is prone to devolving into forced servitude or even slavery.
Also any non trivial work requires a degree of care by the laborer to ensure quality, how does this model enforce quality? Physical force? Extending servitude?
I am far from a fan of incarceration state. However criminal justice discussions frequently ignore or discount the drawbacks of proposed solutions.
I liked the article as a historical survey but didn’t gain any new insights from it.
There are several reasons we punish in the modern day; retribution is just one of them:
1. Retribution, to give the victims a sense of justice and avoid potential collateral damage from vengeance and feuds.
2. Compensation, to help make the victim whole, to whatever extent possible. This is related to but subtly different than (1).
3. Segregation, to prevent the perpetrator from victimizing others.
4. Deterrence, to dissuade would-be perpetrators.
5. Rehabilitation, to try to reduce or eliminate the factors that caused the perpetrator to commit the crime.
Different people have different opinions on the morality, efficacy and value of the various reasons. Haidt et al have postulated that different worldviews are associated with different factors in people’s moral calculus, so I would not be surprised if, on average, conservatives favor a more retributive punishment system and, on average, liberals favor a more rehabilitative one. But since we all have to live with the same system, we compromise. I don’t think that there is one true approach that is the pinnacle of morality.
Imo there is no political ideology that has a properly self-consistent philosophy for justice. I’ve always considered a part of the issue to be that revenge is clearly a very important element of the existing system (whether it should be or not), and nobody wants to talk about the importance of revenge, so it just gets thrown on the pile of issues with the justice system that never get talked about.
I disagree. Victims of assault aren't after "revenge" - they're after safety. The goal of prosecution and jailtime specifically is to ensure that the perpetrator doesn't do it too them again, and to society to ensure the perpetrator doesn't keep doing it.
Most victims would prefer absolute assurance the perpetrator cannot come near them again - i.e I suspect if offered "give them jail time" or "force them to stay out of your half of the country, with GPS tracking to ensure compliance" then almost all would choose the latter.
> the primary reason for punishment is that if you don't punish the perpetrator, the victim, their family, and their loved ones will consider the matter unresolved, and attempt to carry out what they think would be an adequate punishment themselves
This is mostly a history of punishment in western society. There’s nothing wrong with that; it’s interesting. It answers the question in the title mostly by asking what, from today’s perspective, are the rational uses of punishment?
But it doesn’t get much at why we do this in the first place. Why do adults punish children? Why do so many people belong to religions with strict and explicit punishment dogmas (e.g., going to hell for offending a higher power). It doesn’t provide a rhetorical or moral framework for differentiating punishment from abuse or torture. I think these are more interesting questions, although perhaps not fair to expect from a historian.
Clearly punishment is satisfying to us. Revenge stories are as old as literature, and widely celebrated. I think that in a large society it’s an obsolete and harmful impulse. The article references Plato’s views: “Plato discussed punishment in terms of learning virtue and deterring future acts rather than just in terms of taking vengeance for the past, which he dismissed as a primitive, animalistic motive.”
It’s interesting to me how long it takes for views like this to take hold and create a more just society, and how easy it is for cultures to backslide. Revenge is a powerful impulse.
Now we can argue the merits of positive reinforcement vs negative reinforcement all day. But when a technique is effective at changing unwanted behavior, then it will be used.
Punishments are absolutely necessary because some kids don't know when their parents disapprove of their behavior otherwise. I'm not talking about beating kids btw, I'm talking about scolding, "go to your room", and timeouts.
I don't think corporal punishment is worthwhile. There's some studies that shows that while effective at changing behavior, it also teaches the kid that violence is sometimes necessary, a lesson that I'm not sure if we should be teaching them.
But punishments in general? You don't want to reach for them as your first tool in your parenting toolbox. But you really can't just positive-reinforcement "you're doing a good job" all day to your kids. Its disingenuous and the kids pick up on that.
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> It answers the question in the title mostly by asking what, from today’s perspective, are the rational uses of punishment?
To change a person's behavior. If someone keeps lying, cheating, and stealing in society, we want to make them to stop so that they can reintegrate and become a beneficial member of society.
Perhaps we've gone too far with jail times in the USA, but the foundational theory is quite simple and effective here. Anyone who has ever trained a dog or other animal knows how to use animal psychology / punishments / rewards to change the animal's behavior.
Human psychology is more complex than animal behavior, but it shares a lot of similarities. Positive reinforcement (aka: rewards) and negative reinforcement (aka: punishments) are both useful within the framework.
> There's some studies that shows that while effective at changing behavior, it also teaches the kid that violence is sometimes necessary, a lesson that I'm not sure if we should be teaching them.
Isn't that true, though? Violence is sometimes necessary.
Teaching a child that violence is never necessary is just as bad as teaching the child that violence is always necessary.
No, this isn’t true at all. My teenager has never been punished once in his life, and he’s turning into an excellent human: hard-working, compassionate with self and others, honest.
I would define punishment as “intentional infliction of suffering for purposes of behavior modification.” As stated, that’s flatly unethical, especially with your own family.
Now, he experiences consequences of his actions all the time. Scratch the counter-top? Win an afternoon of helping me refinish it. That works because it’s directly connected to his actions, and because I treat it as a learning opportunity rather than yelling at him or banishing him.
There are more possibilities than “punishment or permissiveness.” Kids need structure and to understand and experience age-appropriate consequences for their actions. But that doesn’t mean they need arbitrary suffering imposed by people they’re supposed to love.
> To change a person's behavior. If someone keeps lying, cheating, and stealing in society, we want to make them to stop so that they can reintegrate and become a beneficial member of society.
I think a common criticism of this stance is, that it does not ask why a person does something that others want to punish. Obviously there sometimes are no answers, but often it's poverty and lack of options. So this begs the question, why people come to steal and murder etc.
I personally don't believe that "punishment" is usually well invested in a person. Rehabilitation and support structures are probably the better option.
I am also realising that it gets very interesting for white collar crime "without a victim" such as tax evasion or manipulation of stocks. My intuition is to punish exactly these crimes, but I think that's my bias showing.
> Anyone who has ever trained a dog or other animal knows how to use animal psychology / punishments / rewards to change the animal's behavior.
Use of punishment in dog training is actually pretty hotly debated. Not that it doesn't work, but that it has consequences beyond what are intended and that substitution, redirection, and rewards result in a happier and more obedient pet.
As well, we need to clearly distinguish "punishment" and "revenge".
Revenge is an emotional response by those who have been wronged in the past.
Punishment can mean many things (so perhaps we need more specific words), but I believe in this context it is meant to be a rational, conscious act to influence behaviour - though there are other kinds of punishment, and it can be difficult to distinguish. A parent may raise their voice very intentionally, without actually being angry, to gain attention, distinguish and underline a point, or elicit quick obedience (i.e. a "STOP!!!" when a child is about to dart on the road), but they may also raise their voice out of impulse, emotion, frustration, with no specific goal in mind and thus no clear direction or "win conditions".
(I've only recently learned of the phrase "omnidirectional ass-chewing" [1], which is a very intentional demenour and environment for receiving marines to put them into a constantly stressful environment to train focus. It LOOKS like random angry yelling, but is in fact extremely studied, careful, and intentional. )
>>Perhaps we've gone too far with jail times in the USA
Perhaps? I dont think that is even debatable at this point. I would encourage you to research actual treatment of prisoners in the US, we in the US are critical of nations like Russia, and China while willfully ignoring the abuse that occurs every day in US prisons.
>Anyone who has ever trained a dog or other animal
This right here is the exact reason for this abuse, it is common for the US prison system, and the correctional officers to dehumanize the prisoners and treat them like animals, not cuddly pets or dogs, but like the worst animal abuse stories you here from the traveling carnivals that used to keep Elephants and Loins for show.....
We need MASSIVE reform of both the criminal system, and prison system. I am not talking about being "weak" on crime like seems to be the norm today, refusing to prosecute crimes, and letting people out immediately but "tough on crime" does not have to involve the dehumanizing treatment, and outright abuse that occurs that leads to nothing productive, no rehabilitation, and more often than not non-violent criminals go in non-violent but come out extremely violent.
There is NOTHING redeeming about the US Prison system
What makes you assume a society with less punishment is a “more just” one? Have you considered that maybe there is a reason that otherwise different societies have almost universally evolved to impose harsh punishments? I.e. that it’s a positive adaptive behavior?
Punishment/revenge is satisfying to a lot of people, but I'm repulsed by it. I don't feel an instinct to punish people who have wronged me, and I feel just as bad for people who are suffering regardless of what they did before. I wonder what makes me different from people who favour punishment. Is it just because I was never punished as a child, or is there a neurological difference?
Have you ever been wronged in a substantial way? Something that shook you so much, that you carried it with you for months or years afterwards? It's the kind of thing that when it happens, you think: "I wish nobody else had to go through what I did".
If you haven't, consider yourself lucky. Some of us aren't so.
I'm on the same boat as you. I feel like when we do things that would be emotionally satisfying as a reaction to something, it is almost always the wrong thing to do in the bigger picture. The space of possible reactions is infinite, and picking the first choice coming to mind just feels totally wrong.
it's definitely a base instinct. When I'm stressed and preoccupied, lashing out is certainly easier than when calm.
I also wonder how people rationalize seeking punishment. More often than not, no forced act can undo wrought damage, particularly emotional damage, and people don't really feel better seeing others suffer, even if that's what they believe they want.
People also are extremely prone to forgetting the core intent of society's justice system and prisons, which is (or should be) reform, which is sad. Many balk at the idea that prison is humane in any dimension. We have a lot of growing to do :(
I often see revenge as "you hurt me, I think you're not hurt, I want you to also hurt."
I think we 1) assume the other is not hurting, which is very often false, as the other person may hurt us because they feel hurt and assume we aren't hurting and 2) instead of trying to make them feel hurt, we can tell them that we're hurting. However, I think we mostly don't do that strategy because it often requires us to cry and most cultures shun crying.
So we seem to end up feeling hut, hiding that hurt, and assuming the other doesn't feel hurt, probably because they're so good at hiding it.
I think revenge probably evolved first and foremost as a deterrent. While it might feel satisfying to cause pain to someone who has hurt you, the damage has already been done and you can’t undo whatever damage you suffered. But you can show that there’s a cost to messing with you, which could prevent future aggression. I’d guess that’s why we feel the desire to punish in the first place.
I don’t mean to oversimplify your point, so I’ll phrase this as a question:
Should we punish children for bad behavior? How do we discipline without punishing? How can we discipline our kids but avoid making them feel bad?
I worry that the collapse of discipline, among other things, leads to a great number of young people about to enter the world with totally misaligned expectations about surviving and thriving as an adult.
No matter how many times my dad beat me or my mom yelled, it didn't instill discipline, just resentment. What worked to give me discipline was getting a job and living on my own. Simple incentive is all that's necessary to ensure people show up and do work.
> I worry that the collapse of discipline, among other things, leads to a great number of young people about to enter the world with totally misaligned expectations about surviving and thriving as an adult.
Is this not already the case? I’m not entirely sure how one might measure this, but boy does my gut tell me that its already happened.
I teach my children primarily to fix things by righting the wrong. I fully realize that not all wrongs can be righted, but it is a valuable starting point. So many times I've had the pleasure of seeing my children come up with genuinely ingenious ways to right a wrong.
In disputes where I'm playing referee between two of my children, I gravitate away from deciding who is right and who is wrong. Instead direct conversation around, what happened, what people need, and how we can satisfy those needs within the creative realm of reasonable possibility.
As a baseline for issues that don't have a clear needs-based line to follow, I consider the systemic issues involved and re-engineer systems to incentivize good behavior and disincentivize bad behavior. Most often this takes the form of natural consequences.
Finally, I don't have angelic children. The reason it works is because we've been doing it for years, not because my children are more compliant, or I'm some saint. We all get upset, angry, and do things we regret. What we are all invested in is having a shared desire to make things better than we found them.
What I am skeptical of, however, are responses which attempt to frame children as willfully non-compliant. That says more about the person describing the behavior than the behavior itself.
Personally I don't want to punish but rather inform: if you do this, this might/will happen. It doesn't imply that they're a bad person for doing what they did, just speaks more to the cause and effect of actions.
I think this may actually work better for kids. I think so often we praise/shame them, and they can get caught in a cycle of unpredictable self-worth. I dunno, for me, I like to let people know how I will most likely react to certain actions and tell them that even if I react that way, I will still love them. Punishing (with the intent to hurt them) often hurts me, so I'd rather not try to hurt them. That being said, I do want people to know if they punch me in the face, I may punch them back, leave the bar, or strongly distance myself from them physically. I just want people to be more aware of consequences rather than feel like they're a bad person for choosing their actions.
What type of discipline do you mean? The self discipline to behave in a way that enables you to live a good life? Or external discipline that makes you behave in a way (not necessarily a good way) out of fear of punishment?
Which of these are desirable?
Is it possible and efficient to instill the former using punishment?
Moralism is a powerful thing and American moralism is far from dead. I think a lot of folks in America probably fancy themselves as being free from these chains, but subconsciously I think the chains of moralism are fairly deep and strong.
Today’s anti-moralist stance is very moralist itself. It’s funny how cultural colonialism is going at full speed today. Yet many people think this brings post-colonial justice.
These types of analysis start out the basic proposition that systems are designed for a specific goal from the start and that we should judge them based on those goals. Our justice systems have emergent properties that have arisen after many years and are due to many historical accidents vs. a planned or purposeful approach. They should also be judged on their outcomes, not their professed goals.
I will talk about the US, since that's what I have the most experience with and it's where MIT is located. The US does not adopt either of those strategies mentioned in the article, even if it does dress itself in the rhetoric of either moral justice or practical utility (the former is heavily favored). The outcomes of policing, legal system, and prisons is that poor and Black people are heavily oppressed and only the property rights of the weathly are taken seriously. White people's drug crimes are punished less than Black people's drug crimes. Heck, even the criminalization of drugs is oppressive against the already oppressed.
What is wild is that we don't see the police and judicial system as an occupying force. Why do police departments need MRAPs, M-16s, and plate carriers? Why do we have to keep gasing, shooting, and beating our own citizens? Why does the NSA and CIA feel the need to monitor our every word?
We can do better, but we have to admit that our system is not working for a lot of people. This is a blameless post-mortem, so all I want to do is fix our system, not assign blame. We have to make this better, for the sake of all.
> Politicians of all stripes encourage such anxiety
Encourage? More like enable. That is, those (i.e., politicians) that benefit and leverage the problem have little incentive to solve the problem (i.e., poverty, mental health, etc.)
> But in fact, our era is the safest and least violent in human history. We are less likely to killed, assaulted, or otherwise physically harmed today than ever before.
Yes. But that's on average. There are areas where danger is real. Perhaps not relative to history, but relative to where Karen lives the marginalized are highly disadvantaged.
I live in NJ. I'm able to get the local news from Philadelphia. There are shootings daily / nightly. Those events are not evenly distributed across PHL.
I know it's almost always taboo whenever I bring it up, but in recent years I've become convinced that a moderate level of retaliatory violence could lead to a better society.
There seems to no longer be any negative consequences for many minor antisocial acts (types of bullying, shoplifting in some parts, even reckless driving/endangerment). It's impossible in practice to legislate being an asshole, so until recently we relied on group shaming or the thread of a minor beating from someone wronged to keep this sort of behaviour in check.
Because of past cruelties, we've determined that all amount of verbal and psychological abuse is milder that a single slap, and I'm honestly wondering if we're leaving too many usable options to better society on the table.
That, combined with shaming and some amount of indoctrination of morals and ethics in our youth seem to have been abandoned completely, instead of being mostly toned down.
> I've become convinced that a moderate level of retaliatory violence could lead to a better society.
I'm against this based on purely ideologic principles but... when I try to think about this question objectively, I don't find compelling arguments against it (other than it doesn't work, but I'm not quite sure about that).
Intuitively, I think that violence brings violence, and making violence legitimate will generate more rather than less violence.
I agree that it's a potentially slippery slope, which would need to be carefully addressed and constantly balanced. Not all laws need to be eternal, some just apply to the current social status.
I think your principles also come from us not defining any clear separation between minor violence (a slap, a shove, anything that completely heals within a week and is a singural episode) and major violence (breaking a bone, acid attacks, etc) -- in the same way there is a distinction between asault and battery.
I disagree - I think you are conflating 1. "how to punish someone" vs 2. "whether to punish someone".
You are arguing that we should change 1. by allowing violence. But in the examples you gave, it's not an issue of _how_ those acts are punished, but whether they are punished at all.
In other words, maybe we need to enforce current punishment more strictly rather than increase the pain of currently loosely enforced penalties.
Punishment is actually not my intented point, it's having negative repercussion for a large class of antisocial behaviour.
Being rude and verbally abusive in many situations for instance gives you a stricly positive outcome, from a game theory perspective. I'm arguing to add something in the mix to make that outcome negative, and corporal punishment and shaming are the only things I can see.
Imagine the current cancel culture is even more widespread (it is a nightmare).
[My personal point of view is that] the society should not punish, it should try to prevent future crimes. For example, capital punishment: according to studies I've read, it is not a real deterrent, and false positives are likely (innocent people are killed) -- therefore I'm against capital punishment (if the capital punishment were effective to prevent murders, I'd reconsider it).
There definitely is an element of vengeance in capital punishment as well. "Eye for an eye".
I am not fully on board with that, but, on the other hand, I cannot pretend to myself that I'd consider "Eichmann being hanged" somehow morally bad or evil. In a sense, he had it coming, like many of his peers. More recently, the people who raped and killed their way through Bucha, deserve the same treatment.
But I can see that them hanging won't deter further butchers of next Buchas. People commit such crimes while feeling virtually sure that they won't ever be punished for them, and they are often right - too many war criminals expired in a luxurious bed at home. Notably, Stalin's executioners were never tried by an international tribunal unlike their Nazi counterparts, because the USSR won the war.
If the butchers of Bucha were to hang, it would be mostly motivated by vengeance.
Capital punishment certainly works as a deterrent in the sense that a dead person commits no crime. But the way its conducted and the number of false positives makes me not a fan, in most cases. I imagine there are some situations where it is highly effective, but only if done immediately; I cannot fathom the whole "death row" thing for those hypotheticals. I believe strongly in innocent until proven guilty, speedy trial, due process, beyond a reasonable doubt, preponderance of evidence, trial by jury of peers, and all that fun stuff, and I acknowledge even all that goes wrong sometimes. However, assuming full uncoerced confession and irrefutable evidence and eyewitness testimony, why do we still make a (say, serial killer) suffer in death row instead of just execute them immediately? Revenge?
> There seems to no longer be any negative consequences for many minor antisocial acts (types of bullying, shoplifting in some parts, even reckless driving/endangerment).
This is a current media panic and PR campaign, not a reality.
edit: It's made up. After the administration changes hands, the perception (which, I've been assured, is actually more important than the reality) that crime is out of control will evaporate. Coverage of crime in SF after the Boudin recall has disappeared as completely as "concentration camps on the border" did after Biden was elected.
I agree with the problem, not sure about the solution. We don't have a good small/middle ground crime punishment. I actually don't hate the idea around the Chinese social credit score system (China's use of it is abusive, horrid, and dystopian). giving people points and taking some away for minor crimes that then spill over to privileges or benefits of society seems like a decent idea, one better than hitting them with sticks.
Interesting that you're ok with some system of social credits. Even in the ideal scenario, I see two major issues with it:
1. People often don't perceive purely numerical losses properly, just like credit cards make people overspend compared to cash.
2. It sounds like in order for it to be effective, it would need to have very low forgiveness. If the punishment has a high duration, it makes rehabilitation difficult.
We do need to figure out deterrents for minor bad behavior in modern society, and first need to have a list of criteria by which to judge these deterrents.
I grew up in a place and time where everyday life was permeated by a constant threat of violence. What I can tell you from my experience is that idea of minor retaliatory violence is kind of ridiculous.
The thing about violence and retaliation is that it can and will escalate very fast. What are you going to do when you tap them on the knuckles and they come back blasting? My advice is that you should avoid violence unless backed into a corner and all other options are exhausted.
It sounds as if you lived in a place where the rule of law was also absent, and you are right that violence can often spiral. Could you say where this was?
What is was envisioning was a decriminalization of minor violence as long as we can't criminalize general rude behaviour and I just wanted to explore that idea.
The article is about society in general, but on a personal level I have a "no punishment" policy with my son.
I never punish him and never have.
Whenever he behaves in a way that's not OK with me I first ask myself "does he understand my expectations here, have I already explained my expectations to him?". Usually not, so I explain that his behavior isn't acceptable and why. I very rarely need to do this.
The one time he behaved in a way that made me really angry I dealt with it at the time by speaking to him about it and also with the other people involved and there was still no punishment.
I don’t know your relationship with your kid, but I’m confused when you say you don’t punish your kids. Maybe you use the word “discipline” them or think that because you don’t physically hit them you never punish them. Talking to/lecturing can be seen as a form of punishment. Refusing to punish a child for their poor behavior could be interpreted as neglect.
I suspect there are still consequences here, but GP commenter does not regard them as punishment. I can't imagine parenting without any consequences. Like, I'm going to grab your arm if you run into the road, obviously. Where you draw the line on that depends on the parent.
Lecturing being a punishment is too flimsy a proposition to build a credible argument on top of. Hardly anyone could see it that way for more than a few seconds without pulling a muscle. At worst it's simply asserting your status as the parent.
Along with setting expectations, you can set consequences.
"If you do X, I will do Y."
With that understanding, you've left your child a choice, and you are not being an authoritarian parent, provided your consequences are within reason. Many parents will simply do Y without letting their child know the consequences ahead of time. That can lead to disdain of the parent, rightfully so!
If your boss asks you to setup a meeting, and you invite a salesperson he didn't want there, and he demotes you from being "meeting organizer" for that, is it justified? Was he clear it was an engineering meeting, or tell you not to include salespeople? It depends on the context. Maybe you needed to learn something, maybe he did, or maybe you both did.
Many parenting books do not regard this as "Punishment", yet it is still discipline. See "Positive Discipline" for more on this topic.
A secondary reason is touched upon here, but if the perpetrator of crime is not punished, only isolated comfortably, committing crime becomes attractive in and of itself to the portion of people who are currently less comfortable than prisoners. That's why the treatment of prisoners is a great metric for the quality of a society: it sets a baseline for the way non-prisoners are treated. You can't give prisoners free, high-quality education, no matter how helpful it would be to prevent crime after they're released, if you're not giving it to the general public, or else the general public would commit crimes to be educated.
Doesn't the US do exactly that with health care? I have heard of a few people committing crimes to get free treatment, but it doesn't appear to be a widespread issue.
There is a long history of infamous "donut holes" in medical coverage via things like Medicaid on state by state basis. Even without the benefits people become better off as a write-off to collectors than to attempt pursuit, a state somewhat derogatorily called judgement-proof.
The perpetrator of a,crime must compensate the damage to the victim(s), at a somehow excessive rate to prevent crime from being a viable business model.
This is relatively simple (though not easy) for property-related crimes. It's much harder for crimes like battery or rape.
That said, staying in a prison is about the least productive way to compensate, or to repent. Prisons, as seen in USA, should be abolished and replaced with other institutions.
Property crimes can be paid for with labor, with less limitations of freedoms than in a prison. Education should be provided not just for rehabilitation (which is a worthy aim), but to also produce the compensation faster, while earning the basic upkeep.
Non-property crimes should likely be paid for in repentance work, on top of material compensation work: by working at places that expose the perpetrator to the woes of people who suffered through consequences relevant to the crime. Maybe something like menial work at a hospice.
edit: Punishment for the victim is like a gift-wrapped empty box. It doesn't fix anything that the crime did, and the system pretends like they're doing it for the victim. The system punishes perpetrators in order to stop the victims from doing it themselves. It's not a favor.
Also any non trivial work requires a degree of care by the laborer to ensure quality, how does this model enforce quality? Physical force? Extending servitude?
I am far from a fan of incarceration state. However criminal justice discussions frequently ignore or discount the drawbacks of proposed solutions.
There are several reasons we punish in the modern day; retribution is just one of them:
1. Retribution, to give the victims a sense of justice and avoid potential collateral damage from vengeance and feuds.
2. Compensation, to help make the victim whole, to whatever extent possible. This is related to but subtly different than (1).
3. Segregation, to prevent the perpetrator from victimizing others.
4. Deterrence, to dissuade would-be perpetrators.
5. Rehabilitation, to try to reduce or eliminate the factors that caused the perpetrator to commit the crime.
Different people have different opinions on the morality, efficacy and value of the various reasons. Haidt et al have postulated that different worldviews are associated with different factors in people’s moral calculus, so I would not be surprised if, on average, conservatives favor a more retributive punishment system and, on average, liberals favor a more rehabilitative one. But since we all have to live with the same system, we compromise. I don’t think that there is one true approach that is the pinnacle of morality.
[ed] fixed formatting of list
Most victims would prefer absolute assurance the perpetrator cannot come near them again - i.e I suspect if offered "give them jail time" or "force them to stay out of your half of the country, with GPS tracking to ensure compliance" then almost all would choose the latter.
Are you sure about this?
But it doesn’t get much at why we do this in the first place. Why do adults punish children? Why do so many people belong to religions with strict and explicit punishment dogmas (e.g., going to hell for offending a higher power). It doesn’t provide a rhetorical or moral framework for differentiating punishment from abuse or torture. I think these are more interesting questions, although perhaps not fair to expect from a historian.
Clearly punishment is satisfying to us. Revenge stories are as old as literature, and widely celebrated. I think that in a large society it’s an obsolete and harmful impulse. The article references Plato’s views: “Plato discussed punishment in terms of learning virtue and deterring future acts rather than just in terms of taking vengeance for the past, which he dismissed as a primitive, animalistic motive.”
It’s interesting to me how long it takes for views like this to take hold and create a more just society, and how easy it is for cultures to backslide. Revenge is a powerful impulse.
Because it works at changing their behavior.
Now we can argue the merits of positive reinforcement vs negative reinforcement all day. But when a technique is effective at changing unwanted behavior, then it will be used.
Punishments are absolutely necessary because some kids don't know when their parents disapprove of their behavior otherwise. I'm not talking about beating kids btw, I'm talking about scolding, "go to your room", and timeouts.
I don't think corporal punishment is worthwhile. There's some studies that shows that while effective at changing behavior, it also teaches the kid that violence is sometimes necessary, a lesson that I'm not sure if we should be teaching them.
But punishments in general? You don't want to reach for them as your first tool in your parenting toolbox. But you really can't just positive-reinforcement "you're doing a good job" all day to your kids. Its disingenuous and the kids pick up on that.
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> It answers the question in the title mostly by asking what, from today’s perspective, are the rational uses of punishment?
To change a person's behavior. If someone keeps lying, cheating, and stealing in society, we want to make them to stop so that they can reintegrate and become a beneficial member of society.
Perhaps we've gone too far with jail times in the USA, but the foundational theory is quite simple and effective here. Anyone who has ever trained a dog or other animal knows how to use animal psychology / punishments / rewards to change the animal's behavior.
Human psychology is more complex than animal behavior, but it shares a lot of similarities. Positive reinforcement (aka: rewards) and negative reinforcement (aka: punishments) are both useful within the framework.
Isn't that true, though? Violence is sometimes necessary.
Teaching a child that violence is never necessary is just as bad as teaching the child that violence is always necessary.
No, this isn’t true at all. My teenager has never been punished once in his life, and he’s turning into an excellent human: hard-working, compassionate with self and others, honest.
I would define punishment as “intentional infliction of suffering for purposes of behavior modification.” As stated, that’s flatly unethical, especially with your own family.
Now, he experiences consequences of his actions all the time. Scratch the counter-top? Win an afternoon of helping me refinish it. That works because it’s directly connected to his actions, and because I treat it as a learning opportunity rather than yelling at him or banishing him.
There are more possibilities than “punishment or permissiveness.” Kids need structure and to understand and experience age-appropriate consequences for their actions. But that doesn’t mean they need arbitrary suffering imposed by people they’re supposed to love.
I think a common criticism of this stance is, that it does not ask why a person does something that others want to punish. Obviously there sometimes are no answers, but often it's poverty and lack of options. So this begs the question, why people come to steal and murder etc.
I personally don't believe that "punishment" is usually well invested in a person. Rehabilitation and support structures are probably the better option.
I am also realising that it gets very interesting for white collar crime "without a victim" such as tax evasion or manipulation of stocks. My intuition is to punish exactly these crimes, but I think that's my bias showing.
Use of punishment in dog training is actually pretty hotly debated. Not that it doesn't work, but that it has consequences beyond what are intended and that substitution, redirection, and rewards result in a happier and more obedient pet.
Revenge is an emotional response by those who have been wronged in the past.
Punishment can mean many things (so perhaps we need more specific words), but I believe in this context it is meant to be a rational, conscious act to influence behaviour - though there are other kinds of punishment, and it can be difficult to distinguish. A parent may raise their voice very intentionally, without actually being angry, to gain attention, distinguish and underline a point, or elicit quick obedience (i.e. a "STOP!!!" when a child is about to dart on the road), but they may also raise their voice out of impulse, emotion, frustration, with no specific goal in mind and thus no clear direction or "win conditions".
(I've only recently learned of the phrase "omnidirectional ass-chewing" [1], which is a very intentional demenour and environment for receiving marines to put them into a constantly stressful environment to train focus. It LOOKS like random angry yelling, but is in fact extremely studied, careful, and intentional. )
1: Section 6, "Yelling" https://slate.com/human-interest/2013/03/why-is-boot-camp-so...
Perhaps? I dont think that is even debatable at this point. I would encourage you to research actual treatment of prisoners in the US, we in the US are critical of nations like Russia, and China while willfully ignoring the abuse that occurs every day in US prisons.
>Anyone who has ever trained a dog or other animal
This right here is the exact reason for this abuse, it is common for the US prison system, and the correctional officers to dehumanize the prisoners and treat them like animals, not cuddly pets or dogs, but like the worst animal abuse stories you here from the traveling carnivals that used to keep Elephants and Loins for show.....
We need MASSIVE reform of both the criminal system, and prison system. I am not talking about being "weak" on crime like seems to be the norm today, refusing to prosecute crimes, and letting people out immediately but "tough on crime" does not have to involve the dehumanizing treatment, and outright abuse that occurs that leads to nothing productive, no rehabilitation, and more often than not non-violent criminals go in non-violent but come out extremely violent.
There is NOTHING redeeming about the US Prison system
People often punish out of anger and their kids are badly behaved as a result.
The linked article suggests that this sentiment actually comes and goes historically.
How do you know that in the long term, we're not evolving in the opposite direction, to not impose harsh punishments?
If you haven't, consider yourself lucky. Some of us aren't so.
I also wonder how people rationalize seeking punishment. More often than not, no forced act can undo wrought damage, particularly emotional damage, and people don't really feel better seeing others suffer, even if that's what they believe they want.
People also are extremely prone to forgetting the core intent of society's justice system and prisons, which is (or should be) reform, which is sad. Many balk at the idea that prison is humane in any dimension. We have a lot of growing to do :(
I think we 1) assume the other is not hurting, which is very often false, as the other person may hurt us because they feel hurt and assume we aren't hurting and 2) instead of trying to make them feel hurt, we can tell them that we're hurting. However, I think we mostly don't do that strategy because it often requires us to cry and most cultures shun crying.
So we seem to end up feeling hut, hiding that hurt, and assuming the other doesn't feel hurt, probably because they're so good at hiding it.
Should we punish children for bad behavior? How do we discipline without punishing? How can we discipline our kids but avoid making them feel bad?
I worry that the collapse of discipline, among other things, leads to a great number of young people about to enter the world with totally misaligned expectations about surviving and thriving as an adult.
Is this not already the case? I’m not entirely sure how one might measure this, but boy does my gut tell me that its already happened.
In disputes where I'm playing referee between two of my children, I gravitate away from deciding who is right and who is wrong. Instead direct conversation around, what happened, what people need, and how we can satisfy those needs within the creative realm of reasonable possibility.
As a baseline for issues that don't have a clear needs-based line to follow, I consider the systemic issues involved and re-engineer systems to incentivize good behavior and disincentivize bad behavior. Most often this takes the form of natural consequences.
Finally, I don't have angelic children. The reason it works is because we've been doing it for years, not because my children are more compliant, or I'm some saint. We all get upset, angry, and do things we regret. What we are all invested in is having a shared desire to make things better than we found them.
What I am skeptical of, however, are responses which attempt to frame children as willfully non-compliant. That says more about the person describing the behavior than the behavior itself.
I think this may actually work better for kids. I think so often we praise/shame them, and they can get caught in a cycle of unpredictable self-worth. I dunno, for me, I like to let people know how I will most likely react to certain actions and tell them that even if I react that way, I will still love them. Punishing (with the intent to hurt them) often hurts me, so I'd rather not try to hurt them. That being said, I do want people to know if they punch me in the face, I may punch them back, leave the bar, or strongly distance myself from them physically. I just want people to be more aware of consequences rather than feel like they're a bad person for choosing their actions.
It's not clear what those questions mean.
Which of these are desirable?
Is it possible and efficient to instill the former using punishment?
Not rational, legible (and tenable). Our inability to recognize (and accept as valid) consequences doesn't not make them unsound.
I will talk about the US, since that's what I have the most experience with and it's where MIT is located. The US does not adopt either of those strategies mentioned in the article, even if it does dress itself in the rhetoric of either moral justice or practical utility (the former is heavily favored). The outcomes of policing, legal system, and prisons is that poor and Black people are heavily oppressed and only the property rights of the weathly are taken seriously. White people's drug crimes are punished less than Black people's drug crimes. Heck, even the criminalization of drugs is oppressive against the already oppressed.
What is wild is that we don't see the police and judicial system as an occupying force. Why do police departments need MRAPs, M-16s, and plate carriers? Why do we have to keep gasing, shooting, and beating our own citizens? Why does the NSA and CIA feel the need to monitor our every word?
We can do better, but we have to admit that our system is not working for a lot of people. This is a blameless post-mortem, so all I want to do is fix our system, not assign blame. We have to make this better, for the sake of all.
Encourage? More like enable. That is, those (i.e., politicians) that benefit and leverage the problem have little incentive to solve the problem (i.e., poverty, mental health, etc.)
> But in fact, our era is the safest and least violent in human history. We are less likely to killed, assaulted, or otherwise physically harmed today than ever before.
Yes. But that's on average. There are areas where danger is real. Perhaps not relative to history, but relative to where Karen lives the marginalized are highly disadvantaged.
I live in NJ. I'm able to get the local news from Philadelphia. There are shootings daily / nightly. Those events are not evenly distributed across PHL.
How Inuit Parents Teach Kids To Control Their Anger
https://www.kqed.org/mindshift/53283/how-inuit-parents-teach...
however I don't know how this translates to the whole of society vs a small community
There seems to no longer be any negative consequences for many minor antisocial acts (types of bullying, shoplifting in some parts, even reckless driving/endangerment). It's impossible in practice to legislate being an asshole, so until recently we relied on group shaming or the thread of a minor beating from someone wronged to keep this sort of behaviour in check.
Because of past cruelties, we've determined that all amount of verbal and psychological abuse is milder that a single slap, and I'm honestly wondering if we're leaving too many usable options to better society on the table.
That, combined with shaming and some amount of indoctrination of morals and ethics in our youth seem to have been abandoned completely, instead of being mostly toned down.
I'm against this based on purely ideologic principles but... when I try to think about this question objectively, I don't find compelling arguments against it (other than it doesn't work, but I'm not quite sure about that).
Intuitively, I think that violence brings violence, and making violence legitimate will generate more rather than less violence.
I think your principles also come from us not defining any clear separation between minor violence (a slap, a shove, anything that completely heals within a week and is a singural episode) and major violence (breaking a bone, acid attacks, etc) -- in the same way there is a distinction between asault and battery.
You are arguing that we should change 1. by allowing violence. But in the examples you gave, it's not an issue of _how_ those acts are punished, but whether they are punished at all.
In other words, maybe we need to enforce current punishment more strictly rather than increase the pain of currently loosely enforced penalties.
Being rude and verbally abusive in many situations for instance gives you a stricly positive outcome, from a game theory perspective. I'm arguing to add something in the mix to make that outcome negative, and corporal punishment and shaming are the only things I can see.
We could even stream it online. Show advertisements and have it pay itself.
[My personal point of view is that] the society should not punish, it should try to prevent future crimes. For example, capital punishment: according to studies I've read, it is not a real deterrent, and false positives are likely (innocent people are killed) -- therefore I'm against capital punishment (if the capital punishment were effective to prevent murders, I'd reconsider it).
I am not fully on board with that, but, on the other hand, I cannot pretend to myself that I'd consider "Eichmann being hanged" somehow morally bad or evil. In a sense, he had it coming, like many of his peers. More recently, the people who raped and killed their way through Bucha, deserve the same treatment.
But I can see that them hanging won't deter further butchers of next Buchas. People commit such crimes while feeling virtually sure that they won't ever be punished for them, and they are often right - too many war criminals expired in a luxurious bed at home. Notably, Stalin's executioners were never tried by an international tribunal unlike their Nazi counterparts, because the USSR won the war.
If the butchers of Bucha were to hang, it would be mostly motivated by vengeance.
If light corporal punishment were shown to be just as efficient at prevention as a 1-year in jail sentence, would you consider it?
This is a current media panic and PR campaign, not a reality.
edit: It's made up. After the administration changes hands, the perception (which, I've been assured, is actually more important than the reality) that crime is out of control will evaporate. Coverage of crime in SF after the Boudin recall has disappeared as completely as "concentration camps on the border" did after Biden was elected.
1. People often don't perceive purely numerical losses properly, just like credit cards make people overspend compared to cash.
2. It sounds like in order for it to be effective, it would need to have very low forgiveness. If the punishment has a high duration, it makes rehabilitation difficult.
We do need to figure out deterrents for minor bad behavior in modern society, and first need to have a list of criteria by which to judge these deterrents.
The thing about violence and retaliation is that it can and will escalate very fast. What are you going to do when you tap them on the knuckles and they come back blasting? My advice is that you should avoid violence unless backed into a corner and all other options are exhausted.
What is was envisioning was a decriminalization of minor violence as long as we can't criminalize general rude behaviour and I just wanted to explore that idea.
I never punish him and never have.
Whenever he behaves in a way that's not OK with me I first ask myself "does he understand my expectations here, have I already explained my expectations to him?". Usually not, so I explain that his behavior isn't acceptable and why. I very rarely need to do this.
The one time he behaved in a way that made me really angry I dealt with it at the time by speaking to him about it and also with the other people involved and there was still no punishment.
"If you do X, I will do Y."
With that understanding, you've left your child a choice, and you are not being an authoritarian parent, provided your consequences are within reason. Many parents will simply do Y without letting their child know the consequences ahead of time. That can lead to disdain of the parent, rightfully so!
If your boss asks you to setup a meeting, and you invite a salesperson he didn't want there, and he demotes you from being "meeting organizer" for that, is it justified? Was he clear it was an engineering meeting, or tell you not to include salespeople? It depends on the context. Maybe you needed to learn something, maybe he did, or maybe you both did.
Many parenting books do not regard this as "Punishment", yet it is still discipline. See "Positive Discipline" for more on this topic.
https://en.wikipedia.org/wiki/Transformative_justicehttps://en.wikipedia.org/wiki/Rehabilitative_justicehttps://en.wikipedia.org/wiki/Restorative_justice