Tag: intention

Retributive Injustice

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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?

The Truth about Truth (Fourth Amend)

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Please note that this content has been subsumed into the originating article: The Truth about Truth.

This is a response to this comment by Landzek from The Philosophical Hack regarding the notion of intended truth in communication, the fourth amendment in a series of posts extending the concept commenced in The Truth about Truth.

Extending the simple asymptotic function from the first amend, we might see (in Graph 4a) a slight variation in interpretation due to the insufficiencies of language—providing us with a close enough for the government approximation to some shared perception. People in this group will tend to agree on some perception, say, that the earth is spherical.* The average distance from perception to reality is the same for all in-group members, give or take some small variance that I’ll dismiss as an insignificant rounding error.

Graph 4a: Correspondence of Truth to Reality (Simplified in-group concurrence)

Graph 4b, however, illustrates two opposing perceptions of reality. In this example, I show proponents of orthodoxy (group O), who claim the earth to be roughly spherical, arbitrarily closer to reality than proponents of an alternative theory (group A), who claim that the earth is flat.

Each in-group has some variance from the mean notion, but ex-group members are orders of magnitude apart, as measured by the blue and red bars to the right of the chart. If we assume some binary condition that the earth is either spherical or flat with no other options, one of these might be considered to be right whilst the other would be wrong. We can establish this situation relative to the ex-groups, but, still, neither of these is comparable to Reality™ .


Graph 4b: Correspondence of Truth to Reality (Simplified ex-group concurrence)

The intent of each group may be to promote the perspective of the group—each claiming to be closer to the truth than the other. It is easy to imagine a situation where both claimants are equally distant from the truth:

Imagine two groups, each making opposing claims:

  • Tarot is superior to Astrology in predicting the future.
  • Astrology is superior to Tarot in predicting the future.

I’ll go out on a limb here and create a reality where the future is not predictable by either measure, irrespective of what each in-group believes.

* I understand that the earth being an oblate spheroid is primarily an analytical distinction, so is tautologically true, but I am using a simplification of a commonly accepted fact.

Why Sexual Morality Doesn’t Exist

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His words, not mine.

Whilst I agree that all morality is contrived, Alan H. Goldman, Kenan Professor Emeritus of Philosophy at the College of William and Mary, presents his position that sexual morality is not divorced from any morality. It’s not particularly a special case. I agree in principle, but his argument is lacking.


Sexual desire aims directly at the pleasure derived from physical contact

Alan H. Goldman

He states that ‘As other philosophers point out, pleasure is normally a byproduct of successfully doing things not aimed at pleasure directly, but this is not the case with sex. Sexual desire aims directly at the pleasure derived from physical contact. [The] desire for physical contact in other contexts, for example, contact sports, is not sexual because it has other motives (winning, exhibiting dominance, etc.), but sexual desire in itself has no other motive. It is not a desire to reproduce or to express love or other emotions, although sexual activity, like other activities, can express various emotions including love.’

Pleasure is normally a byproduct. 

    Sure.
 
This is not the case with sex. 

    OK. Elaborate.
 
Sexual desire aims directly at … pleasure. 

    I'm still following. 

Sexual desire in itself has no other motive, which is pleasure. 

    Damn. You lost me.

I might agree that pleasure (let’s ignore the fact that this is another weasel word) may be the motivation behind sexual desire, but we don’t really have means to determine motivation or intent, and we certainly can’t assess one attribute over another.

Power is everywhere because it comes from everywhere — Michel Foucault

Foucault may have argued that the motivation is power—perhaps each side is making their own power calculus. Given the state of current knowledge, this is not ascertainable. Prof Goldman may feel that pleasure is the motive; one may even argue that power yields pleasure. I’ll not traverse that rabbit hole.

Later, he asserts that ‘More controversial is whether any consensual sex between willing partners is wrong’. I won’t debate this position, but there is no good way to full assess consent.

I’ll outline a fairly stereotypical scenario—excuse me for opting for a heterosexual situation, but the pronouns are easier to track. Say a man and a woman have met in a social setting—perhaps they’ve been dating for some period—, and they ‘mutually’ decide to engage in sex. We’d call this exercising agency, two consenting adults.

But what of ulterior motives? Following the stereotype, perhaps he feels that he is conquering her, and she feels she is securing a stable mate; or perhaps they don’t feel this at all. What is the actual intent? Not to go full-on Freud, but are they playing out some latent urge? Is this just some deterministic eventuality. There’s really no way to tell. Any story I tell is as speculative as the next.

So, to end on a tangent, a significant problem underlying philosophy, psychology, and jurisprudence is the issue of intent. The term is bandied about on most cop shows and legal dramas, but it is another just another vapid notion that we accept as valid. Of course, if we dispense of the notion, our legal systems would just unravel.

Yet again we’ve reached a point where the only truth is rhetoric.

There Are No Accidents

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There are no accidents, or so claimed Carl Jung in his work on synchronicity, positing that events may be connected causally or by meaning. Some people see this as the work of some karmic force whilst others use it to suggest that a person is being passive-aggressive.

Karma

In the karmic sense, this means that there is no escaping fate, and, as with Santa Claus, he is constantly watching you, like some personified panopticon. See the short post on karma, too.

I’m not sure if the bible story of Judas and Jesus is really a karmic anecdote, but under this paradigm, everything is a no-fault situation. Judas was fated to betray Jesus. And despite this lack of responsibility, Judas still committed suicide once he realised what he had done and despite it not being an accident.

Passive-Aggression

In the passive-aggressive sense, it is to say the event A may be caused by something in person B’s unconscious mind—and not by some collective consciousness or a Universal Overseer. So, secretly, if Person B accidentally backed into your parked car, it may not be by some conscious volition; rather, it’s because or some deep-seated anger or other ill-will harboured and directed for you.

The problem is that if you accept that there are no accidents, then you—intentionally or otherwise—parked your car in a place where it would necessarily be hit by someone—by anyone. It just happened to be this other person for whom there are also no accidents. So, both parties are blameless. But people love to blame, and they like to defer responsibility.

Verdict

The bottom line is that both of these concepts are a bit sketchy. In a world of no free will, the karma situation might be plausible, but this wreaks havoc on moral-ethical systems. I discuss that in most post on karma.