The Relativity of Morality: A Penguin’s Tale

I recently watched The Penguin on HBO Max, a series set in DC’s Batman universe. Ordinarily, I avoid television – especially the superhero genre – but this one intrigued me. Less spandex, more mob drama. An origin story with a dash of noir. I’ll spare you spoilers, but suffice it to say that it was an enjoyable detour, even for someone like me who prefers philosophy over fistfights.

This post isn’t a review, though. It’s a springboard into a larger idea: morality’s subjectivity – or, more precisely, its relativity.

Audio: Spotify podcast related to this topic.

Morality in a Vacuum

Morality, as I see it, is a social construct. You might carry a private moral compass, but without society, it’s about as useful as a clock on a desert island. A personal code of ethics might guide you in solitary moments, but breaking your own rules – eating that forbidden biscuit after vowing to abstain, for instance – doesn’t carry the weight of a true moral transgression. It’s more akin to reneging on a New Year’s resolution. Who’s harmed? Who’s holding you accountable? The answer is: no one but yourself, and even then, only if you care.

The Social Contract

Introduce a second person, and suddenly, morality gains traction. Agreements form – explicit or tacit – about how to behave. Multiply that to the level of a community or society, and morality becomes a kind of currency, exchanged and enforced by the group. Sometimes, these codes are elevated to laws. And, ironically, the act of adhering to a law – even one devoid of moral content – can itself become the moral thing to do. Not because the act is inherently right, but because it reinforces the structure society depends upon.

But morality is neither universal nor monolithic. It is as fractured and kaleidoscopic as the societies and subcultures that create it. Which brings us back to The Penguin.

Crime’s Moral Code

The Penguin thrives in a criminal underworld where the moral compass points in a different direction. In the dominant society’s eyes, crime is immoral. Robbery, murder, racketeering – all “bad,” all forbidden. But within the subculture of organised crime, a parallel morality exists. Honour among thieves, loyalty to the family, the unspoken rules of the game – these are their ethics, and they matter deeply to those who live by them.

When one criminal praises another – “You done good” – after a successful heist or a precise hit, it’s a moral judgement within their own framework. Outside that framework, society condemns the same actions as abhorrent. Yet even dominant societies carve out their own moral exceptions. Killing, for instance, is broadly considered immoral. Murder is outlawed. But capital punishment? That’s legal, and often deemed not only acceptable but righteous. Kant argued it was a moral imperative. Nietzsche, ever the cynic, saw this duality for what it was: a power dynamic cloaked in self-righteousness.

In The Penguin, we see this dichotomy laid bare. The underworld isn’t without morals; it simply operates on a different axis. And while the larger society might disdain it, the hypocrisy of their own shifting moral codes remains unexamined.

Final Thoughts on the Series

I’ll save other philosophical musings about The Penguin for another time – spoilers would be unavoidable, after all. But here’s a quick review: the series leans into drama, eschewing flashy gimmicks for a grittier, more grounded tone. The writing is generally strong, though there are moments of inconsistency – plot holes and contrivances that mar an otherwise immersive experience. Whether these flaws stem from the writers, director, or editor is anyone’s guess, but the effect is the same: they momentarily yank the viewer out of the world they’ve built.

Still, it’s a worthwhile watch, especially if you’re a fan of mob-style crime dramas. The final episode was, in my estimation, the best of the lot – a satisfying culmination that leaves the door ajar for philosophical ruminations like these.

Have you seen it? What are your thoughts – philosophical or otherwise? Drop a comment below. Let’s discuss.

Identity and Responsibility

Self and identity are cognitive heuristic constructions that allow us to make sense of the world and provide continuity in the same way we create constellations from the situation of stars, imagining Ursa Major, the little dipper, or something else. The self and identity are essentially expressions of apophenia.

Consider this thought experiment about responsibility. Rob decides to rob a bank. He spends weeks casing the target location. He makes elaborate plans, drawing maps. and noting routines and schedules. He gets a gun, and one day he follows through on his plans, and he successfully robs the bank, escaping with a large sum of money in a box with the name of the bank printed on it. Rob is not a seasoned criminal, and so he leaves much incriminating evidence at the scene. To make it even more obvious, he drops his wallet at the scene of the crime containing his driver’s licence with fingerprints and DNA on the licence and other contents of his wallet. He leaves prints and DNA on the counter where he waited for the money. This wallet even contains a handwritten checklist of steps to take to rob this bank—the address of the bank, the time and date. All of this left no doubt about who robbed the bank.

The self and identity are essentially expressions of apophenia.

Using this evidence, the police show up at Rob’s apartment to arrest him. They knock on the door and identify themselves as law enforcement officers. Rob opens the door and invites them in. All of the purloined money is still in the box with the name of the bank printed on it. It’s on a table in plain sight next to the gun he used. All of his maps, plans and, surveillance notes are in the room, too. They read him his rights and arrest him. Things aren’t looking good for Rob.

Before I continue this narrative, ask yourself is Rob responsible for robbing the bank? Let’s ignore the question of whether Rob has agency. For this example, I am willing to ignore my contention that no one has or can have agency. Besides, the court will continue to presume agency long after it’s been determined that it is impossible because agency is a necessary ingredient to law and jurisprudence.

Is Rob responsible? Should he be convicted of armed robbery and sentenced to incarceration? Let’s make it even easier. This isn’t Rob’s first offence. In fact, he’s been in prison before for some other crimes he committed. He’s no first-time offender. Why do you think that he’s responsible? More importantly, why should he be convicted and sentenced? What should his sentence be?

Consider that the money has been recovered, no one was injured, and Rob didn’t resist arrest. At first glance, we might consider both restorative and retributive justice. I’ve purposely made it easy to ignore restorative justice as all the money was recovered. This leaves us with retributive justice. What should happen to Rob? What would you do if you were the judge? Why? Hold that thought.

Let’s continue the narrative. All of the above happened, but I left out some details. Because of course I did. After the heist, Rob returned home and he lost his balance and hit his head rendering him an amnesiac—diagnosed with permanent retrograde and dissociative amnesia. Because of the retrograde amnesia, Rob can’t remember anything prior to hitting his head. Because of the dissociation, Rob has no recollection of anything about himself, not even his name. In fact, he now only responds to the name Ash. (This is where I debate whether to have Rob experience a gender-identity swap, but I convince myself to slow my roll and focus on one thought experiment at a time.)

Because of the retrograde amnesia, Rob can’t remember anything prior to hitting his head. Because of the dissociation, Rob has no recollection of anything about himself

To make this as obvious as I can consider, Ash has no recollection of Rob, robbing the bank, or anything about Rob. Ash doesn’t know Rob’s friends or family. Ostensibly Ash is a different person inhabiting former-Rob’s body. To make it even easier, Ash is not feigning this condition. So, let’s not try to use that as an out when I ask you to reconsider responsibility.

If my experience serves as a guide, if I asked you about your response to whether Rob was responsible and what his sentence should be, you would be committed to your same response and for the same reasons, so I won’t ask again.

What I ask now is if Ash is responsible and what his sentence should be. Keep in mind that we should be able to ignore the restorative element and focus on the retributive aspect. What should happen to Ash? What would you do if you were the judge? Whether your response has changed or remained the same, why would you judge Ash this way?

Here are some considerations:

  • Retributive justice might serve as a lesson to other would-be offenders.
  • The public may not believe the amnesia excuse—even though you, as judge, are convinced thoroughly.
  • Ash does not believe he committed the crime and does not comprehend the charges.
  • Ash was surprised to discover the money and gun and was pondering how it got there and what to do with it when the police arrived at his apartment.
  • If released, Ash would not commit a crime in the future. (My thought experiment, my rules; the point being that Ash was no threat to society.)
  • From my perspective, Ash is a different person. Sentencing Ash is ostensibly the same as sentencing any person arbitrarily.

The purpose of this experiment is to exaggerate the concept of multiple selves. Some have argued that there is no self; there is just a constructed narrative stitching discrete selves together to create a continuous flow of self-ness.

Is Ash responsible for Rob’s action?

I’m interested in hearing what you think. Is Ash responsible for Rob’s action, and why or why not? Let me know.

Criminal Conservatism

A few years ago, I shared with a colleague that I had noticed that my high school classmates who seemed to be the most non-conformist (or perhaps the most anti-authoritarian), the ones most likely to have abused drugs and alcohol and most likely to criticise the Man, have by and large become extremely conservative on the political spectrum. Most are card-carrying Republicans, and dreaded low-information voters, continuing the trend of low-information acquisition and processing. He said that he had noticed a similar trend.

I still keep in contact with some some old mates who are Conservative Republicans, but who were high-information consumers then and still, so I am not saying that all Conservatives are low-information people.

A man who is not a Liberal at sixteen has no heart; a man who is not a Conservative at sixty has no head.

—Benjamin Disraeli (Misattributed)

The past couple of years, in a sort of nod to Bukowski, I’ve been researching or circulating among the underbelly of the United States, the veritable dalit-class comprised of drug dealers and users, pimps, prostitutes, and thieves. And I’ve noticed the same trend. These people might fear or hate the police and the system, and they may not vote or even be high-information seekers, but they seem to have a marked propensity to Conservatism. I admit that this is anecdotal and rife with confirmation bias, but this is my observation.

To broad brush any group into some monolith is always a fools errand and missing dimensional nuance, but the general direction holds. In my observation, these people are very black & white, and they want to see law & order (as much as they want to avoid its glance). They are interested in fairness, and call out being beat, as in being shorted in a drug deal or overpay at the grocery store–the same grocery store from which they just shoplifted.

When they see a news story, ‘That bank robber deserved to get caught’ would not be an unexpected response. Even if they got caught, they might voice that they deserved it. The received sentence might be a different story.

I am not sure why this shift from anti-establishment to hyper establishment happens. I’ve also noticed that even if they dislike the particular people serving government roles, they still feel that the abstract concepts of government, democracy, capitalism, and market systems make sense, if only the particular instance is not great.

One reaction I had is that some of these people feel that the transgressions of their youth might have been avoided only if there were more discipline, and so they support this construct for the benefit of future generations, who, as embodied in Millennials, are soft and lack respect for authority.

I’d recently re-discovered a Bill Moyers interview with moral psychologist Jonathan Haidt, and there is some relationship. And whilst I could critique some of Haidt’s accepted metanarrative relative to society, his points are valid within the constraints of this narrative.

The video is almost an hour long and was produced in 2012, it is a worthwhile endeavour to watch.

I am wondering if anyone else has seen this trend or who has experienced a contrary trend. Extra points for an explanation or supporting research.

Cover image: Sean Penn, excerpt from Fast Times at Ridgemont High, and Brett Cavanaugh, SCOTUS and posterboy Conservative hack