I’ve already said that justice is a weasel word, but let’s pretend that it’s actually something more substantial and perhaps even real. I’ve spoken on the notion of blame as well. I have been thinking about how untenable retributive justice is and it seems to include restorative justice, too. But let’s focus on the retributive variety for now.

In short, retributive justice is getting the punishment one deserves, and I think desert is the weak link. Without even delving into causa sui territory, I feel there are two possible deserving parties. The agent and society. Let’s regard these in turn.

The Agent

An agent, or more specifically moral agents, are entities that can be deemed responsible for their actions on moral grounds. Typically, moral agency assumes that an agent, an actor, is fully aware of the cultural rules of a given society, whether norms or legislated. Under this rationale, we tend to exclude inanimate objects with no agency, non-human life forms, children, and persons with diminished cognitive faculties. In some cases, this diminution may have been self-imposed as in the case of chemically induced impairment, for example by drugs or alcohol. We might consider these entities as being broken. In any case, they do not qualify as having agency. An otherwise moral agent until duress or coercion may no longer be expected to retain agency.

Unless an informed and unimpaired agent commits an act with intent … there can be no moral desert

Unless an informed and unimpaired agent commits an act with intent, another weasely word in its own right, there can be no moral desert. But let’s hold this thought for a bit and turn our attention to society.

Society

For the purposes of this commentary, society is a group of like-minded persons who have created norms, customs, laws, and regulations. In most cases, people come into societies whose structure is already formed, and they need to acculturate and adapt, as changing the fabric of society generally takes time. Even in the case of warfare where a society is subsumed, cultural norms will persist for at least a time.

Whilst it is incumbent for a person to become aware of the rules of engagement and interaction with a society, this is reciprocally a responsibility of society to impart its norms through signalling and performance as well as through more formal training, such as public fora, schools, and activities. Even media and entertainment can serve to reinforce this function.

So What?

I argue that retributive justice is bullshit (to employ technical language) is because if an informed and unimpaired agent does violate some standard or protocol, the society is at least partially to blame—perhaps fully so. Again, if the person is not unimpaired, a pivotal question might be why is s/he uninformed? If the person has the information but ignores it, to what extent is the person impaired and what responsibility does society have for being unaware?

Special Case?

What if a particularly predacious person from Society A infiltrates Society B? Is the person broken or is Society A responsible to creating a person that would prey on some other unsuspecting society? Again, the person is never entirely responsible unless s/he is broke, in which case, s/he is exempt and not morally responsible.

When Then?

As I’ve said before, a person who commits an act against the interest of a society may be quarantined or perhaps exiled or shunned as some cultures practice, but these are meant to preserve the cohesion of the society and not meant to exact a point of flesh in retribution.

In the end, I just don’t see a use case where retribution would fall upon a single actor. If some transgression is made, how then do we ensure society pays its dues as well? In my mind, society is more apt to fail the individual than the other way around, but maybe that’s just me and my world.

What am I missing here?