Punishing causes

”Tough on crime, tough on the causes of crime”, remember? I remember very little of the substantive debate but I do remember that it spurned a debate on the use of non-committing slogans in political speech. The immediate appeal of slogans should not be dismissed as a mere trick, however.

There is a quite obvious and quite relevant issue hidden in the slogan: How does, or should, our approach to crime relate to our understanding of, and approach to, the causes of crime? Presumably our toughness or softness on crime should be modulated on the basis of our perception of the causes in question because clearly, all crimes do not share causal histories and clearly, this matters to how we assign responsibility.

Quite generally, causes are relevant to responsibility and to criminal punishment as punishment is meted out on basis of, and in proportion to, the harm agents cause. A highly valid defense to the allegation of murder is to say that you didn’t cause the person to die. Or, actually, accurately and more precisely: that you didn’t do it. To murder someone is not only to cause the death of another, but to do so while trying to do so.

The most obvious causal component of relevance to responsibility/culpability is the decision. We are condemned for the things we decide to do, and decisions have consequences.  Reasons and considerations are presented to us, or thought up by us, and then we make a decision to act on some of them. We are then held responsible for at least the causal consequences that we had reason to believe would follow. But decisions are not where causal chains end. And while deciding to do something that will cause harm when there is no reasonable amount of compensation is surely blameworthy in it’s most paradigmatic form, it’s not the end of blameworthiness either.

Yet, there are further moral judgments to be made which goes beyond the decision. For instance: what considerations did you act on? How was the case for and against acting presented to you? Was it greed? Was it vengeance? And now the question becomes: can we add to a criminal sentence on the basis of pre-decision causes? We seem to be able to subtract from a sentence on basis of certain causal pre-cursors, such as ignorance or a mental episode. But can we add?

Now to the hate crime context. For theoretical reasons as well as practical ones further down the line, it’s important to distinguish between the reasons for the support of hate crime legislation and the justification of that legislation. My reasons to favor higher taxes may be that I would gain from it in the long run, but that’s not sufficient as justification as tax rates are not in place to satisfy my interests. It does mean, however, that I’m more likely to look for, and find, further reasons for higher taxes.

It’s very likely that support for hate crime legislation is at least in part grounded in the intuition that some pre-decision causes are worse than others. We dislike, and we are right to dislike, prejudices, vengefulness, greed etc. But it is not clear that we should punish on the basis of the moral objectionableness of pre-decision causes. Even when we are somehow responsible for having become bad people, we can’t be punished for being bad people, only for doing what bad people tend to do, and which makes them bad: harm. If there are other justifications, we should identify them. But we should be very clear that our acceptance of those justifications is not wholly founded in our independent, warranted, but legally invalid, moral stance. Or, of course, we must make the case that these pre-decision causes are reasonable grounds for punishment enhancement. Which means much more work.

Two lessons to draw from this:

1)We may maintain that decisions are where culpability starts, but that the picture is more complex then previously recognized. Decisions may be judged as worse not only on the basis of the harm intended, caused or risked, but on the considerations that was deemed sufficient for the decision to be made. To treat a prejudiced view as a decisive reason, then, is worse, for instance, than treating greed as such a reason because it is a worse reasons. Still, we are not punished for this reasons, but for treating it as a decisive reasons. (Leaving, for know, the question whether the cause and/or reason for our accepting this consideration as a (decisive) reason should influence the extent to which we are culpable…)

2) Pre-decision causes are clearly relevant for effective preventive measures. We should concentrate a lot of effort at counteracting them and the most effective means may not be punishment enhancement, or any other means available to the criminal law.

Being ”tough” on causes of crime doesn’t necessarily, or primarily, involve punishing people for having certain beliefs attitudes or dispositions, but effectively counteracting the conditions under which such beliefs, attitudes or dispositions arise.

There goes the neighbourhood

What counts as a hate crime?
Among the first questions you should ask when being introduced to a new category-concept is this: what does it cover? What qualifies as an ”X”? When given a fairly informative definition, you then quickly go on to fringe cases, and ask whether they qualify or not. This technique will make you seem polemic and lacking in seriousness. If you’re a decent philosopher, that’s at least partly true.
We need fringe cases in order to lure out the differences between theoretical models, and also to test the plausibility of these models.

Hate crimes, as we know, invoke a combination of factors, mainly crime, prejudice and the small but very significant and problematic notion of ”because of”. A crime is a hate one when it is committed because of a prejudice against a certain group (membership in which is based on some to-be-determined characteristic important to the victims’s, or somebody’s ”identity).

Now, it’s important to note that committing a crime because of a prejudice against a group, is more narrow than committing a crime because of group membership. I may believe (rightly) that the elderly are less able to catch me, running from the scene of the crime, and therefore target them. According to the so called ”victim selection model” for hate crimes, this might qualify simply because group mebership was part of the reason why I picked out this particular victim. According to the animus-model, it wouldn’t count unless I also held some negative and unfounded views about the elderly and that was part of the motivation for the crime.

The victim selection model allows for cases where the perpetrator has no prejudice, and prejudices in general do not enter the explanation why the crime took place. Semantically, this puts the label ”hate (and bias) crime” in question. But consider a further case:

A person assaults a group of immigrants that have recently moved in to the neighbourhood. The reason is that he/she (rightly) thinks that the arrival of immigrants have lowered the economic value of his/her house, and thus intend to scare them into moving away. Let’s imagine this is the sole reason, and the perpetrator can deny any prejudice by saying that he/she would’ve assaulted anyone whose presence in the neighbourhood had that effect.
What does the animus model say? Well, no animus is present, so this seem not to be a hate crime. The victim selection model, on the other hand, would presumably rule it in.

However: the peculiar feature of this case is that the crime is still committed because of prejudice. It’s just not the prejudice of the perpetrator, but that of the potential byers of property. On one interpretation of the ”because of” clause in the hate crime definition, then, these sorts of crimes would count. In many respects, these crimes seem to be at least as shady, and in some sense cowardly, as crimes committed on the basis of a prejudice that you have yourself. They presumably do as much damage. But should they count as hate crimes?

It depends, you might say (and rightly so), on the proper analysis of the

because of

. It’s just that this analysis depends on the plausibility of what’s included, like the fringe case above. And that in turn depends on the moral foundations of hate crime legislation. A question that, as reader of this blog may have noticed, is far from settled.

E.B White with the benefits of hindsight

Almost shockingly, E.B. White’s essay ”Here is New York” takes a turn to the macabre. Published in 1949, the following passage strikes the reader as remarkably contemporary:

”The subtlest change in New York is something people don’t speak much about but that’s in everyone’s mind. The city, for the first time in its long history, is destructible. A single flight of planes no bigger than a wedge of geese can quickly end this island fantasy, burn the towers, crumble the bridges, turn the underground passages into lethal chambers, cremate the millions. The intimation of mortality is part of New York now: in the sound of jets overhead, in the black headlined of the latest edition”

It continues:

”All dwellers in cities must live with the stubborn fact of annihiliation; in New York the fact is somewhat more concentrated because of the concentration of the city itself, and because, of all targets, New York has a certain clear priority. In the mind of whatever perverted dreamer who might loosethe lightning, New York must hold a steady, irrestible charm.”

The WTC not being conceived of yet, White thought the likely target to be the soon to be raised United Nations building.

Raisin a hedonist

Like most people with children, I want my child to be happy. Of course, being a hedonist, I think it would be great if all people could be as happy as possible, but I’ve got a particular interest in this one. That is: I want his experiences to be mostly positive. I don’t want him to get everything that he wants, because, like his dad and most other people, he is likely to sometimes want stupid things. I don’t want him never to be sad or disappointed, because those things seem essential to learning to cope, and learning to cope seems to be essential to becoming a happy person. (Of course, could it be done without the sadness or disappointment, that would be preferable, and perhaps some die-hard optimists are like that. It’s just important that one nevertheless learns to understand sadness and disappointment, to be able to recognize it in others).

Being brought up by a hedonist is probably not as immediatly and obviously fun as you might imagine.

Here come the raisins: Most toddlers like raisins. Eating them, as well as handling them, is clearly pleasant. So, being a hedonist, and wanting my son to have pleasant experiences, it seems obvious that I should feed him raisins. And so I did.

But raisins are an option now. The hedonic adaptation is extremely quick in these kind of cases. A few raisins in and he is eating them in the kind of semi-consciuos way the American Stereotype eats pop-corn while watching a movie. Suddenly, not eating raisins right now is unpleasant, and totally out of proportion to how pleasant it was to eat them earlier. The net gain of introducing a new, but finite, source of pleasure may actually be in the negative.

To paraphrase Nietzsche (is it?): if there are raisins, how could I live with not eating raisins?

Parenting and the end of ethics

So ethics month(s) just ended. On Thursday, I sent around 50 critically acclaimed essays on applied, normative and meta-ethics back to their authors. Leaving me pondering the proposition that there is now a group of people, the sort of university educated people that invariably turn out ruling the world, the media, the arts and so on, that I taught ethics. For future readers of the web-archives: I’m sorry. Alternatively: You’re welcome.

Normatively, they are all over the place. Utilitarianism is probably the strongest contender, but not by a majority vote. Meta-ethically the interest has a clear tendency towards epistemology, and a weaker tendency towards coherentism. In general, they are very much able to relate their moral judgements in particular cases not only to the normative theory they favor, but also to other theories they know are held by other people. Let’s go out on a limb and call it a good thing.

Those propositions are now passed on to you, as I turn my attention to other things, assuming other perspectives. I’m on parental leave. My main objective for the next few months is play. There will be drumming, there will be crawling and toddling, there will be incomprehensible talk and the provision of feedback. There will, in all likelihood, be a sharp decline in vocabulary, grammar and level of abstraction in the blog posts to come.

The missing philosophy

How do you get to do philosophy? As a profession, I mean. How do you go from being genuinely interested in the stuff to doing it as a full time job? For an initiated look at the profession and some perfectly juicy gossip to boot, you would do well to turn to Leiter reports. If you happen to be female, or actually: no matter what you happen to be, you might want to look into the excellent but sometimes somewhat discouraging Being a woman in Philosophy. Talking to members of staff at your local, or any, department for philosophy is generally advisable. This being said, my academic advisor, when I asked about the prospect for a career in philosophy, said that it’s perfectly possible. If you’re independently wealthy.

Arriving at university very much a Man with Ideas, the question was mostly a practical one. How could I get to spend my days working on those ideas, ideally while getting paid and duly appreciated?

I find, and others have shared this experience, that it goes something like this. You read and you listen and you talk a lot. You are quite impressed, but not discouraged by the amount of excellent thinking that has already taken place. You’re not discouraged, either,  by the fact that the history of philosophy has an unfair advantage. Kant, the lucky s.o.b. had the good fortune of being born into a world where Kantian ideas had not already been developed and twisted and turned ever which way. You find something that’s particularly interesting. Your teacher, if you got one, has probably given you an assortment of topics to choose from, and you look around for stuff that treats the topic you find yourself drawn to.

And then it happens. You find that something is missing. Despite initial appearances, there are philosophical theories that have not been developed yet. This is the opening. If you are really lucky, the position is not only unoccupied, but also quite plausible.  And then you go about developing that missing theory, defending it’s merits over other, neighboring theories. More likely than not, you’re not going to convince anyone at this stage, but you may earn their respect, and the possibility to spend a couple of years making the best possible case for your theory.

Along the line, as you’re vacuuming of the field progresses, it is likely that you will find something that is awkwardly close to what you wanted to say to begin with. But then you’re already so von kopf bis fuss entrenched in it that you go on to develop an enhanced variation of it any way.

For me, the missing theory bit happened when I was dealing with preferentialism. The ongoing debate was between objective and subjective satisfaction versions of the theory:

Either it is good that what you want to be the case is the case no matter whether you know it or not, or the only thing that matters is that you think that your wish is satisfied: what is good is the conjunction of the desire and the belief that it is satisfied. Whereas the latter version struck me as more plausible, the mere conjunction of desire and belief did not seem to me to be close enough. It’s not enough that I have a desire that P while having the belief that P is the case. I may have those things, and fail to make the connection, so to speak. Neither would it be sufficient that I have the desire that P and the belief that this desire is satisfied. No, I thought there should be a more concrete relation between the two. Beliefs and desires being mental states, they had to actually meet up and a new mental state: the desire being satisfied as a result of the ingoing components meeting up was the real value-bearer here.

The ultimate result of that train of thought became part 1 of the dissertation, the theory of pleasure.

Word, Smith

Okay, so this is a very brief ”hullo” and a minor sweep with that dusting thingy so that this here blogspace will be presentable and suitable for more thoroughly thought through things later on.

While doing something completely else, I started leafing through Adam Smiths Theory of the moral sentiments and noticed that in that wonderful and almost lost art of describing your chapters in the index (surely there is a name for that?), Smith was a wonderful and somewhat quirky sort of master. Here are two of my favorites:

• Chapter III Of the corruption of our moral sentiments, which is occasioned by this disposition to admire the rich and the great and to despise or neglect persons of poor or mean condition.
• Chapter 1 That though our sympathy with sorrow is generally a more lively sensation than our sympathy with joy, it commonly falls much more short of the violence of what is naturally felt by the person principally concerned.

Patience, pets

While waiting for the next substantial blogpost to appear, here is a picture of a fairly huge window at the Royal Library. With a little luck, this afternoon will bring pictures from the academic celebrity spotting circuit. Sightings of Damasio, Zeki and Rizzolatti have been reported.

My favorite building

no 5, Washington Place. The Philosophy Department

A little less information, a little more reaction, please

”A wealth of information creates a poverty of attention”. Herbert Simon.

Too much information can be detrimental to decisions. In his recent, excellent book ”How we decide” Jonah Lehrer (here’s a piece of decision worsening information for you: he’s charming and good looking as well) retells the story of how MRI was introduced as a diagnostic tool in medicine. MRI gives very detailed information about the interior state of the body. Lehrer tells us that, it had a very interesting effect on the treatment of back pains. This ailment, whose cause was previously elusive and mainly treated by resting, become possible pin down with the help of MRI scans, and to treat more effectively, or so one assumed.

One found things that seemed to cause the pain: Spinal disc abnormalities. These reasonably seemed to cause inflammation of the local nerves. This, however, was misleading: As it turn out, disc abnormalities does not normally cause back pain, and surgery recommended on the basis of mri scans is often unnecessary – and yet doctors seems to have difficulties disregarding the scan, which sure looks like the best diagnostic tool. ”Seeing everything” Lehrer writes ”made it harder to know what they should be looking at”.

Occasionally, when we have a lot of information we tend to think that the problem must be somewhere in that information, and that can make it harder to think about other solutions. Or, as Lehrer point outs in the phenomena of ”choking” among artist and athletes, it can make it harder to stop thinking and perform an activity that is best done automatically, or ”by ear”.

It is perhaps obvious that information – data – alone is useless: we need to know what is relevant, how information should be translated, interpreted, into inferences and decisions. But the point here is more upsetting: more information might be worse than useless – it can make you think that the thing you know more about is more relevant than it is. Come to think of it, this seems to be the defining characteristic of an academic.