Justice Everywhere

a blog about philosophy in public affairs

Category: Punishment Page 1 of 3

When whatever you do, you get what you least deserve

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On 18 March, 2024

In Duties, General, Liberty, Moral values, Punishment, War

In this post, David Benatar (U. Cape Town) discusses his article recently published in the Journal of Applied Philosophy on the paradox of desert, exploring the issues that arise from ‘acting rightly’ and the costs it may incur.

(C) David Benatar. Camondo Stairs, Galata, Istanbul, 2022

Imagine that you are a soldier fighting a militia that is embedded within an urban civilian population. You face situations in which, in the fog of war, you are unsure whether the person you confront is a civilian or a combatant, not least because the combatants you are fighting often dress like civilians. You can either shoot and ask questions later, or you can pause, even momentarily, to take stock, and risk being shot.

Depending on the precise circumstances, pausing may be either a moral requirement or merely supererogatory (that is, a case of going beyond the call of duty). Either way, the soldier who pauses is morally superior to the soldier who shoots without hesitation. However, there will be situations in which a soldier is killed precisely because he acted in the morally better way.

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The care perspective and the police: reform, defund or abolition?

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On 29 May, 2023

In Gender, Punishment

In recent months, the police have been the object of extensive discussion and harsh criticism in the UK. The Louise Casey report published in March found the Metropolitan Police (the police service for the Greater London area) to be institutionally racist, misogynistic and homophobic. Since then, various incidents in different parts of the country – most recently in Cardiff last week, resulting in the tragic deaths of teenagers Kyrees Sullivan and Harvey Evans – have seen the police behaving in deeply problematic ways. The police have also come under attack for its behaviour towards protesters, or people believed to be such, especially during the weekend of the Coronation following the passing of the Public Order Bill. This is in the context of a crisis of legitimacy that the institution has been facing for a few years now, in part as a result of a number of other high-profile cases and investigations. The police are increasingly seen not as an institution that function to protect all citizens, but as a potential threat to members of different social groups. Scepticism about whether the police can be trusted to act lawfully and to provide truthful accounts of its activities is mounting. Mistrust towards the police is of course not in itself a new phenomenon, especially among certain sectors of society, but it has been gaining more traction in broader segments of the population.

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Selling Silence: The Morality of Sexual Harassment NDAs

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On 27 April, 2023

In Gender, General, Moral values, Punishment

In this post, Scott Altman (USC Gould) discusses his recent JOAP 2022 Annual Essay Prize winning article about the morality of sexual harassment nondisclosure agreements.

Harvey Weinstein, Chairman, The Weinstein Company
Harvey Weinstein by Thomas Hawk (CC BY-NC 2.0)

Nondisclosure agreements (NDAs) pay sexual harassment and abuse victims not to tell their stories or name their abusers. Harvey Weinstein’s many NDAs, and the #MeToo movement, spurred some states to make such NDAs legally unenforceable. 

My Selling Silence article argued in favor of these laws. Sexual wrongdoer NDAs protect abusers, endanger future victims, and undermine deterrence. The article rejected three justifications for wrongdoer NDAs, two of which I will mention briefly before explaining the third.

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More attention is being paid to formal activism. Informal activism matters too

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On 26 July, 2022

In Gender, Public Philosophy, Punishment

A common complaint made about contemporary political theory is that it is far too focused on describing what a perfect society looks like, and not focused enough on exploring the means by which we are to move toward the ideal. This criticism seems to me to be basically right. But it would not be correct to say that nothing has been said about the means by which to improve society. Political theorists have had a fair amount to say about ‘civil disobedience’, for instance.

Moreover, in recent years, scholars have increasingly turned their attention to allegedly ‘uncivil’ forms of activism, from hacktivism to hunger strikes, rioting to revolution. What all of these forms of activism have in common is that they typically have laws and policies as their targets. Hence, when political theorists think about activism, they tend to have what you might call ‘formal activism’ in mind.

While formal activism is of course essential, I want to draw attention to forms of activism that have social phenomena other than law or policy as their targets. Let’s call this kind of activism ‘informal activism’. There are at least three reasons why informal activism is important.

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What the pandemic can tell us about prison

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On 16 May, 2022

In Punishment, Rights

In the last few months, many countries have seen the lifting of numerous Covid 19 restrictions. While the pandemic is far from over and some countries are still opting for strict lockdowns, as in the notable case of China, in most of Europe and the US it has entered a new phase in which much of what made up life before Covid has resumed, at least for most people. A progressive return to the life before is also taking place in prisons. The time is right to have a look back at the last two years to review what prisons looked like during the pandemic, and what that can tell us about this fraught institution.

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Wrongly Weeded Out: Richardson’s Removal and Unreasonable Rules

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On 5 August, 2021

In General, Governance, Liberty, Public Philosophy, Punishment

In this guest post, John Tillson and Winston C. Thompson discuss the recent case of US track star Sha’Carri Richardson’s suspension from competing at the Olympics.

Sha’Carri Richardson was suspended from the US Olympic team after testing positive for marijuana. This is ultimately because the World Anti-Doping Agency (WADA) decided to ban THC in-competition in all sports. THC (or tetrahydrocannabinol) is the main psychoactive component of cannabis/marijuana. WADA can prohibit athletes’ use of substances in order compete in the Olympics and other major sporting events such as those organized under the auspices of World Athletics. Richardson has apologized for her actions and US President Biden has commented on the case saying, ‘the rules are the rules’.

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A Criminal Law for Semi-Citizens

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On 17 June, 2021

In Punishment, Rights

In this post, Cristián Irarrázaval Zaldívar and Ivó Coca-Vila discuss their recent article in Journal of Applied Philosophy on how to legitimate punishment in the context of varying forms of citizenship.

Ask yourself why an English court can legitimately punish an Indonesian who committed an offence in Japan but now lives in the UK, or a Spanish judge can punish a young Senegalese criminal offender who, after months crossing through Africa, enters Spain illegally and subsists in absolute hardship hidden from state authorities. Probably your answer would be something along the lines that punishment is necessary to prevent harm. Indeed, that is how most criminal law scholars respond. However, among contemporary authors, it is increasingly common to assert that the criminal law of a given state should be applicable only to those who, at the time of the commission of the offence, had some kind of political bond with it, namely, to those who belonged to the polity as “citizens”. In our recent article, we explain why the advantages of this approach outweigh the downsides, at least as long as we take seriously the fact that citizenship is not all-or-nothing, but comes in degrees.

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Is the criminal law the best tool to fight discrimination and hate-based violence?

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On 17 May, 2021

In Gender, Punishment, Rights

In the past few months, a central topic of discussion in Italian public debate has been the Ddl Zan, a proposed bill to combat discrimination and violence on the grounds of sex, gender, gender identity, sexual orientation and disability. The bill does not create any new crimes but extends to these categories existing criminal legislation that currently covers discrimination and violence on the grounds of racial, ethnic and religious reasons as well as incitement to commit such acts. Such acts of discrimination and violence and their incitement can either be punished with a fine or a prison sentence to up to 4 years or, in case these actions already constitute a more serious crime, the penalty can be increased to up to double. The Ddl Zan also includes measures to support victims as well as broader initiatives to fight discrimination and inequalities, including the creation of a National Day against homophobia. Unsurprisingly, the bill has been the object of a heated debate. The LGBTQ+ movement and the majority of the feminist movement as well as other progressive forces are fighting for its approval, while conservatives argue that the bill endangers freedom of speech and imposes a supposedly divisive worldview. Setting this aside, I want to address another issue in connection to this bill, namely that of whether the criminal law should be regarded as the right instrument to fight discrimination and this kind of violence.

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Introducing Political Philosophy with Public Policy

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On 15 March, 2021

In Animals, Children, Climate, Democracy, Distribution, Economics, Education, Gender, General, Liberty, Migration, Moral values, Punishment, Rights, War, Work

What is a good way to learn about political philosophy? Plausibly there is a variety of reasonable answers to this question, depending on what and why one wants to know about the subject, and it is some testament to this that there are excellent introductions that focus on the issues, concepts, and key thinkers in the field.

In our recent book – Introducing Political Philosophy: A Policy-Driven Approach – Will Abel, Elizabeth Kahn, Tom Parr, and I offer an approach that focuses on introducing the subject through the lens of public policy.

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How should we think about the Irrevocability of Capital Punishment and Euthanasia?

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On 29 October, 2020

In Health, Liberty, Moral values, Punishment

In this post, Saranga Sudarshan discusses their recent article in Journal of Applied Philosophy on the issue of irrevocability in arguing about capital punishment and euthanasia.

Working out our moral and political views on things is a messy business. Sometimes, when we think our arguments for why certain things are right or wrong, just or unjust are really persuasive we find they have no effect on others. Other times we realise that these arguments lead to moral and political judgements that make us question whether they were good arguments to begin with. Although it is often uncomfortable, when we live in a shared social world and we exert our authority to make coercive laws to govern ourselves and others it is helpful to take a step back and think about how some of our arguments work at their core. This sort of reflection is precisely what I do in a recently published article in relation to a particular argument against Capital Punishment.

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